Existing law requires the Attorney General or the chief legal officer or other authorized representative of a political subdivision of this State to provide legal representation for the defense of officers or employees of the State or a political subdivision of the State who are named as defendants in a civil action and certain other persons. Under existing law, a person who wishes to receive such services must submit a written request for defense within 15 days after service of a copy of the summons and complaint or other legal document commencing the action. (NRS 41.0339) Section 1 of this bill instead requires the submission of a written request for defense within 15 days after the date on which: (1) the person receives service of a copy of the summons and complaint or other legal document commencing the action or waives such service; or (2) a court of competent jurisdiction enters an order finding that the person was served by an alternative service method. Existing law: (1) authorizes a person who submits a written request for defense to employ his or her own counsel at any time after the request is submitted; and (2) relieves the State or political subdivision of the State of any further duty to represent the person at the time at which the person employs his or her own counsel. (NRS 41.03455) Section 2 of this bill eliminates language authorizing a person to employ his or her own legal counsel at any time after the submission of a written request for defense. Section 2 thereby: (1) authorizes a person who has not submitted a written request for defense to employ his or her own counsel; and (2) relieves the State or political subdivision of the State of any duty to represent a person who employs his or her own counsel at the time at which the person retains such counsel, regardless of whether the person has submitted a written request for defense on or before that date. In certain cases in which the State or a political subdivision of the State are named defendants, existing law requires a court or jury of this State to return a special verdict in the form of certain specific written findings. (NRS 41.0348) Section 3 of this bill revises the required written findings. Section 3 also removes specific language referring to a court or jury of this State, which could make the special verdict requirement applicable to a case in another jurisdiction if Nevada law is applied in such a case. Existing law requires the State or a political subdivision of the State to indemnify certain officers or employees of the State or a political subdivision of the State for damages caused by any act or omission relating to the public duty or employment of the person, unless an exception applies. (NRS 41.0349) Section 4 of this bill revises the circumstances under which the State or a political subdivision of the State is exempt from the requirement to indemnify a person. Section 4 also authorizes the State or a political subdivision of the State to indemnify a person against liability for exemplary or punitive damages under certain circumstances. Existing law generally protects a public employer from liability for harm or injury caused by the conduct of a person that was outside the course and scope of the public duties or employment of the person and was not reasonably foreseeable. (NRS 41.03475, 41.745) Section 5 of this bill additionally protects a public employer from liability for a deprivation of constitutional rights caused by the conduct of an employee or officer of the public employer unless: (1) the public employer was personally involved in the deprivation; or (2) a sufficient causal connection exists between wrongful conduct of the public employer and the deprivation.

Statutes affected:
As Introduced: 41.0339, 41.03455, 41.0348, 41.0349, 41.745
BDR: 41.0339, 41.03455, 41.0348, 41.0349, 41.745