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Article 34. Civil Code When a member of a city or municipal police force refuses or fails to render aid or protection to any person

Article 34. Civil Code

When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor.

In case of insolvency and subsidiary liability is imposed on the city or municipality:

1. will this be an exemption to the State's non suability?

2. can damages be recovered? (from State)(considering suability of State does not necessarily mean its liability?)

3. Where will the budget come from to pay for the damages? (considering no money shall be paid out of the Treasury except in pursuance of an appropriation made by law?)

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