21-32A-2. Immunity of employees, officers, or agents--Affirmative defense.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. Source: SL 1986, ch 175, §2; SL 1987, ch 163, §2; SL 1991, ch 184.
South Dakota Legal Code