Sec. 53-39a. Indemnification of state police, State Capitol police, certain special police and local police.
Sec. 53-39a. Indemnification of state police, State Capitol police, certain special police and local police. Whenever, in any prosecution of an officer of the Division
of State Police within the Department of Public Safety, or a member of the Office of
State Capitol Police or any person appointed under section 29-18 as a special policeman
for the State Capitol building and grounds, the Legislative Office Building and parking
garage and related structures and facilities, and other areas under the supervision and
control of the Joint Committee on Legislative Management, or a local police department
for a crime allegedly committed by such officer in the course of his duty as such, the
charge is dismissed or the officer found not guilty, such officer shall be indemnified by
his employing governmental unit for economic loss sustained by him as a result of such
prosecution, including the payment of any legal fees necessarily incurred. Such officer
may bring an action in the Superior Court against such employing governmental unit
to enforce the provisions of this section.
(P.A. 73-627; P.A. 77-614, S. 486, 610; P.A. 80-33, S. 2, 3; P.A. 84-48, S. 16, 17; P.A. 89-82, S. 10, 11; P.A. 96-219,
S. 9; P.A. 03-97, S. 2.)
History: P.A. 77-614 made state police department a division within the department of public safety, effective January
1, 1979; P.A. 80-33 applied provisions to members of the office of capitol security and persons appointed as special
policemen for state capitol building and grounds; P.A. 84-48 included reference to special policemen for other areas under
the supervision and control of the joint committee on legislative management; P.A. 89-82 expanded reference to state
capitol building and grounds to include legislative office building and parking garage and related structures and facilities;
P.A. 96-219 changed the name of the "Office of State Capitol Security" to the "Office of State Capitol Police"; P.A. 03-97 added provision re action in Superior Court against employing governmental unit to enforce provisions of section,
effective June 3, 2003.
Indemnification for attorney's fees sustained "as a result of such prosecution" does not authorize recovery of such fees
sustained as a result of separate action to enforce right to indemnification under this section. 186 C. 623. Court will not
interpret section "to encompass indemnity for any and all criminal prosecutions of police officers for sexual assault". 206
C. 100. Cited. 229 C. 479. Cited. 234 C. 539. Court concluded that entry of a nolle plus the passage of thirteen months,
which results in automatic erasure of relevant records under Sec. 54-142a, constitutes a dismissal for purposes of this
section. 240 C. 590. Section waives state's sovereign immunity from suit. 258 C. 680. Although section waives immunity
from liability, it does not waive immunity from suit. 263 C. 74.
Cited. 25 CA 599. Cited. 40 CA 705; judgment reversed, see 240 C. 590. In applying three-part test set forth in Crotty
v. Naugatuck to determine whether conduct will be found to have occurred "in the course of his duty", court found that
since the charged crimes filed by state against plaintiff police officer alleged that he was an active participant in an illegal
drug trafficking enterprise, such illegal activities cannot be said to be fulfilling duties of a police officer or something
incidental to it and are incompatible with duties of a police officer, plaintiff failed to satisfy his burden of proving that he
was entitled to economic indemnification under statute and court properly rendered judgment in favor of the city. 94 CA 445.