2021 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 3 - Personnel
Part 4 - Rights, Privileges, and Prohibitions
§ 38-2-270. Relief From Civil or Criminal Liability; Immunity Not Exclusive Security for Attorney's Fees; Defense by Attorney General Authorized

1. Members and commanders of the militia who are performing duty pursuant to this chapter shall not be liable, civilly or criminally, for any acts done by them in the performance of their duty.
2. When an action or proceeding of any nature is commenced in any court by any person against any member of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such member or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to give security, in such amount as shall be determined by the judge of the court in which the action is pending, for the payment of attorney fees that may be awarded to the defendant therein. In default of giving such security the action or proceeding shall be dismissed. Such a defendant in whose favor a final judgment is rendered shall recover reasonable attorney's fees from the person instituting or prosecuting the action or proceeding. The immunity provided in this Code section shall be in addition to that provided by other provisions of law and this Code section shall not be construed to limit or qualify any other immunity provided to members or commanders of the militia by any other provision of law.
3. In addition to the protections of subsections (a) and (b) of this Code section, the Governor is authorized to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the state.

(Ga. L. 1955, p. 10, § 78; Ga. L. 1969, p. 228, § 4; Ga. L. 1980, p. 824, § 1.)

As to immunity from liability of State Defense Force members when not on duty, there is no such immunity under Official Code of Georgia Title 38. O.C.G.A. § 38-2-270 is limited to acts and omissions by militia members in the performance of their duty. 1992 Op. Att'y Gen. No. 92-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, §§ 250 et seq., 260.

Entitlement to a Stay or Default Judgment Relief Under the Soldiers' and Sailors' Civil Relief Act, 35 POF3d 323.

- 6 C.J.S., Armed Services, § 350.

- Liability for injury or damages resulting from traffic accident on highway involving vehicle operated in military service, 133 A.L.R. 1298; 147 A.L.R. 1431.

Civil and criminal liability of soldiers, sailors, and militiamen, 135 A.L.R. 10; 147 A.L.R. 1429; 151 A.L.R. 1463; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.

Exemption of member of armed forces from service of civil process, 137 A.L.R. 1372; 149 A.L.R. 1455; 150 A.L.R. 1419; 151 A.L.R. 1454; 153 A.L.R. 1418; 153 A.L.R. 1419; 156 A.L.R. 1449; 157 A.L.R. 1449; 158 A.L.R. 1450.

Soldiers' and Sailors' Civil Relief Acts, 148 A.L.R. 1395, 149 A.L.R. 1457, 149 A.L.R. 1463, 150 A.L.R. 1420, 150 A.L.R. 1428, 151 A.L.R. 1456, 151 A.L.R. 1460, 152 A.L.R. 1452, 152 A.L.R. 1457, 153 A.L.R. 1422, 153 A.L.R. 1429, 154 A.L.R. 1448, 154 A.L.R. 1455, 155 A.L.R. 1452, 155 A.L.R. 1456, 156 A.L.R. 1450, 156 A.L.R. 1455, 157 A.L.R. 1450, 157 A.L.R. 1454, 158 A.L.R. 1450; 149 A.L.R. 1463; 150 A.L.R. 1428; 151 A.L.R. 1460; 152 A.L.R. 1457; 153 A.L.R. 1429; 154 A.L.R. 1455; 155 A.L.R. 1456; 156 A.L.R. 1455; 157 A.L.R. 1454; 158 A.L.R. 1456, 35 A.L.R. Fed. 649; 35 A.L.R. Fed. 649.

Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239.

Validity of statute allowing attorney's fee to successful claimant but not to defendant, or vice versa, 73 A.L.R.3d 515.