Sec. 6-30a. Personal liability insurance. Indemnification of state marshal for injury occurring while transporting person in custody in a private motor vehicle.
Sec. 6-30a. Personal liability insurance. Indemnification of state marshal for
injury occurring while transporting person in custody in a private motor vehicle.
(a) On and after December 1, 2000, each state marshal shall carry personal liability
insurance for damages caused by reason of such state marshal's tortious acts in not less
than the following amounts: (1) For damages caused to any one person or to the property
of any one person, one hundred thousand dollars; and (2) for damages caused to more
than one person or to the property of more than one person, three hundred thousand
dollars. For the purpose of this subsection, "tortious act" means negligent acts, errors
or omissions for which a state marshal may become legally obligated to any damages
for false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of character, violation of property rights or assault and
battery if committed while making or attempting to make an arrest or against a person
under arrest, but does not include any such act unless committed in the performance of
the official duties of such state marshal.
(b) The state shall protect and save harmless any state marshal from financial loss
and expense, including court costs and reasonable attorney's fees, arising out of any
claim, demand or suit instituted against the state marshal for personal injury or injury
to property by, or as a result of the actions of, any person who is lawfully taken into
custody by the state marshal, pursuant to a capias issued by Support Enforcement Services of the Superior Court and directed to the state marshal, if such injury occurs when
such person, while in such custody, is transported in a private motor vehicle operated
by the state marshal. In the event a judgment is entered against the state marshal for a
malicious, wanton or wilful act, the state marshal shall reimburse the state for any expenses incurred by the state in defending the state marshal and the state shall not be
held liable to the state marshal for any financial loss or expense resulting from such act.
(P.A. 76-15; P.A. 00-99, S. 128, 154; P.A. 01-195, S. 7, 181; P.A. 07-69, S. 1.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal, requiring state marshals to
carry personal liability insurance for tortious acts, effective December 1, 2000; P.A. 01-195 made a technical change for
purposes of gender neutrality, effective July 11, 2001; P.A. 07-69 designated existing provisions as Subsec. (a), made
technical changes therein and added Subsec. (b) re indemnification of any state marshal for an injury occurring while
transporting a person in custody in a private motor vehicle operated by the state marshal.
Cited. 229 C. 479. Section does not constitute waiver of sovereign immunity. 265 C. 301.
Cited. 44 CS 368.