In every action or proceeding in any court of this state in which both the State or political subdivision and any present or former officer, employee, immune contractor or member of a board or commission thereof or any present or former State Legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:
1.
The individual defendant was acting within the scope of the defendant’s public duty or employment; and
2.
The alleged act or omission by the individual defendant was wanton or malicious.