Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY Da VIGO Deputy Attorney General THE HONORABLE BERNIE RICHTER, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Is a county required to provide indemnification and defense for grand jurors sued for statements made within the scope of their reporting duties that are contained in a final grand jury report? CONCLUSION A county is required to provide indemnification and defense for grand jurors sued for statements made within the scope of their reporting duties that are contained in a final grand jury report. ANALYSIS An action at law for civil liability against an officer or employee of a public entity, including a county, is controlled by the provisions of the California Tort Claims Act (Gov. Code, §§ 810 - 996.6 ; "Act"). 1 The Act prescribes the substantive liabilities and immunities of (§§ 810 - 895.8 ), the procedures for initiating claims against (§§ 900 - 935.6 ), and the entitlement to defense of (§§ 995 - 996.6 ) 2 and indemnification for (§§ 825 - 825.6 ) public employees. For purposes of the Act, section 810.2 defines the term "employee" to…