[ought-six]

Sorry, you just have no clue.

If there was even the remotest chance he was acting under color of law, both the department and its insurer had an OBLIGATION to defend him. If they had such an obligation, and they refused to defend him, he’d end up owning a nice chunk of the insurer, at least.

[DiogenesLamp]

If there was even the remotest chance he was acting under color of law, both the department and its insurer had an OBLIGATION to defend him.

Who decides he wasn't before the fact of a court trial?

If that is determinative, why have a trial?