Are there exceptions to the state tort claims act?
The Idaho Tort Claims Act includes several significant statutory immunities. Government employees are granted the same immunities as government entities. However, for employees, these immunities are qualified, meaning there is no immunity when the employee acts with malice or criminal intent.
Under the Idaho Tort Claims Act (“ITCA”), an Idaho government entity is liable “for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties . . . where the governmental entity if a private person or entity would be liable for money damages under the laws of the state of Idaho[.]” 1 This liability is limited by a number of significant statutory immunities, including immunity from intentional tort claims; claims which arise from “riots, unlawful assemblies, public demonstrations, mob violence or civil disturbances”; and claims that arise from the provision or failure to provide medical care to state or local inmates. 2
Government employees are granted the same immunities as government entities. 3 However, for employees, these immunities are qualified, meaning there is no immunity when the employee acts with malice or criminal intent. For acts committed with malicious or criminal intent that fall within the scope of these immunities, liability attaches only to the employee and not to the government employer. 4 Moreover, although government employers are generally required to defend and indemnify employees for acts and omissions within the scope of employment, the government employer will be entitled to contribution or indemnification from an employee when the employee acted with malice or criminal intent. 5 Recovery against a governmental entity bars actions against the employee whose negligence or wrongful act or omission gave rise to the claim. 6 The amount of damages that plaintiffs can collect in claims against government entities and government employees is subject to strict limits that apply even when a government employee acts with malice or criminal intent. 7