A. If a suit or proceeding shall be commenced in any court by any person against any member of the military forces for any act done by the member in his or her official capacity in the discharge of any duty under Sections 1 through 117, 208 through 237, 241 through 250, or 800 through 946 of this title, or against any member of the state military forces as defined in Section 801 of this title acting under the authority or order of any such officer, or by virtue of any warrant issued by him or her pursuant to law, it shall be the duty of the Attorney General or Judge Advocate to defend such person.
The actual court costs of such a defense shall be a legal charge against the state and shall be submitted to the Legislature for payment. Before any suit or proceeding shall be filed or maintained against any member of state military forces as herein provided, the plaintiff shall be required to give security, to be approved by the court in a sum not less than One Hundred Dollars ($100.00), to secure the costs. If the plaintiff fails to recover judgment such costs shall be taxed and judgment rendered therefor against him or her and his or her sureties.
B. Any officer or enlisted person of the state military forces acting in his or her official capacity in the discharge of any duty under Sections 1 through 117, 208 through 235.3, or 241 through 250 of this title, or any member of state military forces acting under the authority or order of any such officer, or by virtue of any warrant issued by him or her pursuant to law, shall be immune from personal liability for any acts that include the use of deadly force in self-defense or in defense of another person from what the member reasonably believes is the imminent use of unlawful deadly force.
Added by Laws 1935, p. 92, § 8, emerg. eff. April 19, 1935. Amended by Laws 1985, c. 96, § 2, eff. Nov. 1, 1985; Laws 2019, c. 408, § 3, eff. Oct. 1, 2019.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.