# An attorney general is sued for defmation for things they said on TV. Does the state cover legal costs and damages (if that person loses) or is the AG a private person? **URL:** \ **Category:** Factual Questions\ **Created:** [July 20, 2022, 1:19pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263 "2022-07-20T13:19:44Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 20, 2022, 1:19pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/1 "2022-07-20T13:19:44Z")
Subject line says it all. The example is below. The attorney general for Ohio made some comments on TV and he is being sued by the people he was talking about for defamation. My question is, does the state he works for cover him and provide attorneys for him and, if he loses, cover the penalty or, because he is on TV and presumably not acting on behalf of the state, is he sued as a private individual? I do not think a state AG going on TV and saying whatever is something the state would cover. That is not part of his official duties. (I realize this subject is politically fraught but I do mean this to be a FQ question.) > **[Doctor who provided abortion to 10-year-old girl moves to sue AG Rokita for...](https://fox59.com/indiana-news/doctor-who-provided-abortion-to-10-year-old-girl-suing-ag-rokita-for-defamation/)** > > INDIANAPOLIS — An attorney representing Dr. Caitlin Bernard, who provided an abortion on a 10-year-old rape victim, has filed a tort claim against Indiana Attorney General Todd Rokita — the first s… ---
**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\ **Post date:** [July 20, 2022, 1:54pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/2 "2022-07-20T13:54:54Z")
Which state? ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [July 20, 2022, 1:56pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/3 "2022-07-20T13:56:50Z")
> [@Whack-a-Mole](#): > > I do not think a state AG going on TV and saying whatever is something the state would cover. That is not part of his official duties. It might be. Acting as a public spokesman for the state on legal matters and talking to the press might be seen as part of his job. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [July 20, 2022, 1:57pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/4 "2022-07-20T13:57:10Z")
deleted ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 20, 2022, 1:57pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/5 "2022-07-20T13:57:20Z")
It is the Ohio AG going after the Indiana doctor who provided an abortion. See the link provided in the OP. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 20, 2022, 1:58pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/6 "2022-07-20T13:58:51Z")
The article linked to in the OP suggests that the Ohio state government would represent him. ---
**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\ **Post date:** [July 20, 2022, 2:00pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/7 "2022-07-20T14:00:52Z")
The article indicates that the doctor filed a “tort claim notice,” which is required in order to sue for actions that occur within the scope of the employee’s employment. So, it seems like the physician’s theory is that the State of Indiana (acting through its employees) injured her. Which is something that I would expect the state to defend. I would assume the state (or its insurer) would pay any judgment under the Tort Claims Act (especially since state law seems to authorize various officials to settle claims against employees, which would seem problematic if the employee then had to pay it). If the conduct is deemed to be outside the scope of employment, the employee would likely be personally liable. I assume the state’s duty to defend the employee wouldn’t extend past a finding that the conduct was outside the scope of employment. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [July 20, 2022, 2:03pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/8 "2022-07-20T14:03:04Z")
> [@Whack-a-Mole](#): > > It is the Ohio AG going after the Indiana doctor who provided an abortion. See the link provided in the OP. The article identifies Rokita as the Indiana Attorney General. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 20, 2022, 2:08pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/9 "2022-07-20T14:08:47Z")
> [@Little\_Nemo](#): > > The article identifies Rokita as the Indiana Attorney General. Doh! My bad! 🤦‍♂️ Thanks for the catch. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [July 20, 2022, 2:14pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/10 "2022-07-20T14:14:07Z")
I don’t know about Indiana, but I believe that in similar suits in other jurisdictions, the courts have found that communicating to the public via the press is an inherent part of an elected official’s job even if it’s not an actual constitutional duty. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [July 20, 2022, 2:17pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/11 "2022-07-20T14:17:09Z")
Since Rokita is the Indiana attorney general, [and](https://codes.findlaw.com/in/title-4-state-offices-and-administration/in-code-sect-4-6-2-1-5.html) > the attorney general determines that said suit has arisen out of an act which such official or employee in good faith believed to be within the scope of the official’s or employee’s duties as prescribed by statute or duly adopted regulation, the attorney general shall defend such person throughout such action. it seems that Rokita will decide if his employees defend him. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [July 20, 2022, 2:45pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/12 "2022-07-20T14:45:22Z")
There are two basic sides in such matter. If the AG says something that relates to his duties then they are better covered in terms of protection from lawsuits as well as getting state-backed aid in fighting such lawsuits. If the action is outside their official duties then they are on the hook themselves. Certain parts of the AG’s comments _might_ fall under the first category. E.g., claiming the doctor failed to file a report. Pretty much the rest of it is pure political, non-official nastiness. But it will take the courts to decide what’s what. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 20, 2022, 7:37pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/13 "2022-07-20T19:37:38Z")
> [@Lord\_Feldon](#): > > even if it’s not an actual constitutional duty. And in this case, he seems to be speaking about an investigation under state professional licensing laws, so potentially part of his statutory duties: > [@](#): > > “We’re gathering the evidence as we speak, and we’re going to fight this to the end, including looking at her licensure if she failed to report. And in Indiana it’s a crime … to intentionally not report,” Rokita said. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 20, 2022, 7:59pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/14 "2022-07-20T19:59:48Z")
Sorry, forgot to add the link where I found that quote: > **[Indiana AG says state will look at license of doctor who provided abortion to...](https://fox59.com/news/national-world/indiana-attorney-general-threatens-license-of-doctor-who-provided-abortion-to-10-year-old-rape-victim/)** > > Indiana Attorney General Todd Rokita (R) says he will be looking into the licensure of the physician who provided abortion services to a 10-year-old rape victim from Ohio who made national headline… ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 21, 2022, 12:42pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/15 "2022-07-21T12:42:44Z")
Is there any case to be made that the AG is abusing their power? I mean, can the AG point to being diligent in assessing if doctors are meeting their obligations or, can a case be made that the AG is abusing their power by picking and choosing who has to come under scrutiny? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 21, 2022, 1:04pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/16 "2022-07-21T13:04:04Z")
That would be a question of Indiana state law. I dunno. However, I can point to a precedent in Canada, where a premier of Quebec directed that the provincial authorities pull the liquor licence of an individual who ran a restaurant, for a political motive. The Supreme Court of Canada found that the premier was personally liable for civil damages, having mused his authority. Would that sort of result happen in Indians? Dunno. > **[Roncarelli v Duplessis](https://en.m.wikipedia.org/wiki/Roncarelli_v_Duplessis)** > > Politics > Economy > Roncarelli v. Duplessis, S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for J... ---
**Author:** ![Jingleheimer-Schmidt](https://avatars.discourse-cdn.com/v4/letter/j/eb8c5e/32.png) [@Jingleheimer-Schmidt](https://boards.straightdope.com/u/Jingleheimer-Schmidt)\ **Post date:** [July 21, 2022, 4:21pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/17 "2022-07-21T16:21:57Z")
> [@Whack-a-Mole](#): > > Is there any case to be made that the AG is abusing their power? > > I mean, can the AG point to being diligent in assessing if doctors are meeting their obligations or, can a case be made that the AG is abusing their power by picking and choosing who has to come under scrutiny? That sounds very similar to the argument that Trump made against the NYS AG. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 21, 2022, 4:31pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/18 "2022-07-21T16:31:07Z")
The question in both cases is whether police or investigators find evidence and bring it to the prosecutions / AG office, or whether the prosecutions / AG office tells the police to go out and get evidence on a target. ---
**Author:** ![Jingleheimer-Schmidt](https://avatars.discourse-cdn.com/v4/letter/j/eb8c5e/32.png) [@Jingleheimer-Schmidt](https://boards.straightdope.com/u/Jingleheimer-Schmidt)\ **Post date:** [July 21, 2022, 4:34pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/19 "2022-07-21T16:34:57Z")
That might be a distinction between the Canadian case you cite and the other two cases, but it doesn’t seem to be a distinction between the Ohio AG and NY AG cases. Both are cases where the basic story came to light via media reporting and similar publicity, and the AG then went out and dug up more evidence. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [July 21, 2022, 4:41pm UTC](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263/20 "2022-07-21T16:41:59Z")
> [@Whack-a-Mole](#): > > Is there any case to be made that the AG is abusing their power? > > I mean, can the AG point to being diligent in assessing if doctors are meeting their obligations or, can a case be made that the AG is abusing their power by picking and choosing who has to come under scrutiny? Probably. Indiana has a law against lawyers trying to influence court cases by making public announcements on the guilt of the accused. > A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. [Next page](https://boards.straightdope.com/t/an-attorney-general-is-sued-for-defmation-for-things-they-said-on-tv-does-the-state-cover-legal-costs-and-damages-if-that-person-loses-or-is-the-ag-a-private-person/968263.md?page=2)