Rhode Island State Police

This case came before the Supreme Court on appeal by the defendant, the Rhode Island Troopers Association, from a judgment granting declaratory and equitable relief in favor of the plaintiff, the State of Rhode Island. The Superior Court declared that the Governmental Tort Liability Act, G.L. 1956 chapter 31 of title 9, vests the Attorney General with the nondelegable, nontransferable legal duty to determine whether the state should provide a defense and indemnification in a civil action brought against a state employee. The Superior Court also permanently enjoined arbitration of issues related to the Attorney General's decision to decline to provide a defense and indemnification for Rhode Island State Trooper James Donnelly-Taylor in a pending federal civil rights action brought against him in his individual capacity. After narrowing the issues on appeal, the Supreme Court upheld the trial justice's decision to permanently enjoin the arbitration proceedings, because the issues raised in this case are not arbitrable within the collective bargaining process. The Supreme Court also held that the Governmental Tort Liability Act vests the Attorney General with the authority to determine whether a state employee is acting within the scope of his or her employment and is therefore entitled to representation. Accordingly, the Supreme Court affirmed six of the eight declarations and vacated the two remaining declarations in the judgment of the Superior Court.