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![handle is hein.sag/sagar0080 and id is 1 raw text is: ATIORNEY GENERAL OF ARKANSAS
Mark Pryor
Opinion No. 2000-272
January 17, 2001
Colonel Thomas A. Mars, Director
Arkansas State Police
1 State Police Plaza Drive
Little Rock, AR 72209
Dear Colonel Mars:
I am writing in response to your request for my opinion on the following
questions:
1. In light of the provisions of A.C.A. § 21-9-203 and the
burden of proof that must be met for the imposition of
punitive damages, is the State of Arkansas ever authorized
to pay actual/compensatory damages assessed against a state
officer or employee when a state or federal court has
assessed punitive damages against the officer or employee
for the same conduct that resulted in the assessment of
actual damages? Stated otherwise, may an agency of the
State of Arkansas disregard a trial court's finding of malice
or intentional conduct sufficient for the imposition of
punitive damages and pay any actual damages assessed
against its officer or employee?
2. If the answer is in the affirmative, under what
circumstance[s] may the agency-do so?
RESPONSE
In my opinion, the answer to both parts of your first question is yes. With
respect to your second question, I believe the state is obligated to make an
independent determination whether its officer or employee undertook the
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