§ 2-415. Actions against District employees for negligent operation of vehicles barred; indemnification of medical employees; disciplinary actions.
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Current through October 23, 2012
(a) After the effective date of this subchapter, no civil action or proceeding shall be brought or be maintained against an employee of the District for loss of or damage to property or for personal injury, including death, resulting from the operation by such employee of any vehicle if it be alleged in the complaint or developed in a later stage of the proceeding that the employee was acting within the scope of his office or employment, unless the District shall, in an action brought against it for such damage or injury, including death, specifically deny liability on the ground that the employee was not, at the time and place alleged, acting within the scope of his office or employment. If in any such civil action or proceeding pending in a court in the District of Columbia as of the effective date of this subchapter the District has not been named as a defendant, said District shall be joined as a defendant and after its answer has been filed and subject to the provisions of the preceding sentence, the action shall be dismissed as to the employee and the case shall proceed as if the District had been a party defendant from the inception thereof.
(b) Whenever in a case in which the District of Columbia is not a party, a final judgment and order to pay money damages is entered against a medical employee of the District of Columbia on account of damage to or loss of property or on account of personal injury or death caused by the negligent act or omission of the medical employee within the scope of his employment and performance of professional responsibilities, the District of Columbia shall, to the extent the medical employee is not covered by appropriate insurance purchased by the District of Columbia, indemnify the employee in the amount of said money damages.
(b-1) The District of Columbia shall defend and indemnify members of the Commission on Selection and Tenure of Administrative Law Judges of the Office of Administrative Hearings, established by § 2-1831.06, from claims and suits in law or equity arising from acts or omissions in the course and scope of their official duties, other than willful or bad faith misconduct.
(c) Nothing in this section shall be construed to restrict appropriate disciplinary action by the District of Columbia against any employee for a negligent act or omission.
(July 14, 1960, 74 Stat. 520, Pub. L. 86-654, § 6; Mar. 26, 1976, D.C. Law 1-59, § 3, 22 DCR 5473; Dec. 7, 2004, D.C. Law 15-217, § 2, 51 DCR 9126.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1215.
1973 Ed., § 1-925.
Effect of Amendments
D.C. Law 15-217 added subsec. (b-1).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of the Commission on Selection and Tenure of Administrative Law Judges Non-Liability Temporary Amendment Act of 2004 (D.C. Law 15-169, June 19, 2004, law notification 51 DCR 7334).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of District of Columbia Employee Non-Liability and Notice of Claim Clarification Emergency Amendment Act of 2002 (D.C. Act 14-499, October 23, 2002, 49 DCR 10022).
For temporary (90 day) amendment of section, see § 2 of Commission on Selection and Tenure of Administrative Law Judges Non-Liability Emergency Amendment Act of 2004 (D.C. Act 15-389, March 18, 2004, 51 DCR 3387).
For temporary (90 day) amendment of section, see § 2 of Commission on Selection and Tenure of Administrative Law Judges Non-Liability Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-444, June 23, 2004, 51 DCR 6556).
Legislative History of Laws
For legislative history of D.C. Law 1-59, see Historical and Statutory Notes following § 2-411.
Law 15-217, the "Office of Administrative Hearings Establishment Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-817, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 29, 2004, and July 13, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-522 and transmitted to both Houses of Congress for its review. D.C. Law 15-217 became effective on December 7, 2004.
