43.1207 Bar to suit against government employee.

Print This

The judgment in an action, or the payment of a claim by the Attorney General, under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.

History: 1967, PL 10-1.

Case Notes:

Statute providing that a judgment against or payment of a claim by the territorial government bars an action by the claimant against the responsible employee merely proscribes double recovery for a single harm, not suit against the individual government employee in the first instance. A.S.C.A. § 43.1207 Tevaseu v. American Samoa Government, 5 A.S.R.2d 10 (1987).

Statute providing that judgment against government precludes later claim against government employee based on same event does not bar suit against employee prior to judgment against government. A.S.C.A. § 43.1207. Lutu v. American Samoa Government, 7 A.S.R.2d 61 (1988)