Download or read book Attorney General Opinion No. 1991-156 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 75-6108(a) and 75-6109 of the tort claims act, governmental entities are required to provide a defense and pay the judgment for a claim for actual damages against an employee arising out of an act which occurred in the scope of employment and absent actual fraud or malice on the part of the employee. It is discretionary with the governmental entity to reimburse an employee for costs incurred in defending a claim for punitive or exemplary damages arising out of an act occurring in the scope of employment, and the governmental entity may discretionarily pay any part of the judgment rendered on such claims. K.S.A. 75-6116 contains similar provisions for civil rights claims except that the governmental entity may discretionarily pay any portion of the judgment only if the employee's act or omission was not a result of actual fraud or malice. Cited herein: K.S.A. 75-6108; 75-6109; 75-6116.