Title 50, Chapter 21, Section 25
( 50-21-25)
(a) This article constitutes the exclusive remedy for any tort
committed by a state officer or employee. A state officer or
employee who commits a tort while acting within the scope of his or
her official duties or employment is not subject to lawsuit or
liability therefor. However, nothing in this article shall be
construed to give a state officer or employee immunity from suit and
liability if it is proved that the officer's or employee's conduct
was not within the scope of his or her official duties or
employment. (b) A person bringing an action against the state under the
provisions of this article must name as a party defendant only the
state government entity for which the state officer or employee was
acting and shall not name the state officer or employee
individually. In the event that the state officer or employee is
individually named for an act or omission for which the state is
liable under this article, the state government entity for which the
state officer or employee was acting must be substituted as the
party defendant. (c) A settlement or judgment in an action or a settlement of a claim
under this article constitutes a complete bar to any further action
by the claimant against a state officer or employee or the state by
reason of the same occurrence. |