State v. Rhode Island Troopers Ass’n

by
In this appeal by the Rhode Island Troopers Association from a judgment granting declaratory and equitable relief in favor of the State, the Supreme Court affirmed the first six declarations and vacated the remaining two declarations in the superior court’s judgment. Here, the superior court (1) declared that the Governmental Tort Liability Act, R.I. Gen. Laws chapter 31 of title 9, vests the Attorney General with the nondelegable, nontransferable legal duty to determine whether the State should provide a defense and indemnification in a civil action brought against a state employee; and (2) permanently enjoined arbitration of issues related to the Attorney General’s decision to decline to provide a defense and indemnification for a state trooper in a federal civil rights action brought against him in his individual capacity. The Supreme Court held (1) the trial court properly enjoined the arbitration proceedings because the issues raised were not arbitrable within the collective bargaining process; (2) the superior court properly declared that the Attorney General possesses the nondelegable, nontransferable, sole legal duty to determine whether a state employee was acting within the scope of employment and is therefore entitled to a defense and indemnification; and (3) the remaining two declarations were superfluous to the issues in this case. View "State v. Rhode Island Troopers Ass’n" on Justia Law