State v. Tokheim

OPINION

SHUMAKER, Judge

Two Minnesota state troopers were sued and they asked the commissioner of public safety to indemnify and defend them. After reviewing written submissions of outside counsel, the commissioner refused to indemnify the troopers, finding that they were acting outside the scope of their employment.

The state filed a separate declaratory judgment, seeking a declaration that it need not indemnify the troopers. The district court granted the state’s motion and the woman who sued the troopers appealed. We hold that the commissioner’s refusal to indemnify the troopers was a…