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governmental employee and hinder them from exercising independent judgment and discretion. Pletan v. Gaines, 494 N.W.2d 38 (Minn. 1992). It is very rare for a court to find official immunity but to deny the government employer vicarious official immunity Municipal Tort Caps Minnesota Statutes §466.04 addresses the tort liability of municipalities, limiting the financial liability of any municipality to $300,000 to any one claimant, and up to $1,000,000 for all claimants per incident. See Minn. Stat. §466.04, subd. 1(a)(1)(2)(3) depending upon the date of the claim. No award for damages on any tort claim shall include punitive damages. The damages awarded are limited to compensatory damages. 1. What claims are covered by the cap? a. Any tort liability claims. Examples: • Wrongful death • Personal injury • Negligence • Dram shop • Nuisance • Trespass b. Indemnification. Subject to the tort cap limits in Minn. Stat. §466.04, a city must defend and indemnify any employee or official whether elected or appointed, for damages claimed against the employee or official, provided that the employee or official: • was acting in the performance or scope of the duties of the position; and • was not guilty of malfeasance, willful neglect of duty or bad faith. City employees or officials are often personally named as defendants in lawsuits, as well as the city. Subject to the above limitations, the city must indemnify and defend the employee or official. 2. What claims are not covered by the cap? Non -tort claims • Breach of contract • Eminent domain /condemnation • Constitutional claims • Any federal claims based upon federal statute or the constitution (e.g. Section 1983, ADA) 3. Liability Insurance and Waiver of Statutory Cap a. Procurement of Liability Insurance: Excess coverage The governing body of any municipality may procure insurance against liability of the municipality and its officers, employees, and agents for damages .... resulting from it 6 28 •