Except as provided in § 21-32-16, any employee, officer, or agent of the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity.
S.D. Codified Laws § 21-32-17
Immunity of state officers, employees, and agents
Applied in 14 court decisions — leading case Bego v. Gordon (1987)
Most recently applied in MASAD v. Weber (August 2009)
Source: SL 1983, ch 16, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.