Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1, any employee, officer, or agent of the public entity, including 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. The immunity recognized herein may be raised by way of affirmative defense.
S.D. Codified Laws § 21-32A-2
Immunity of employees, officers, or agents--Affirmative defense
Applied in 12 court decisions — leading case Bego v. Gordon (1987)
Most recently applied in Long v. State of S.D. (November 2017)
Source: SL 1986, ch 175, § 2; SL 1987, ch 163, § 2; SL 1991, ch 184.
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.