2005 Idaho Code - 46-402 — IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 4
                          IMMUNITIES AND PRIVILEGES
    46-402.  IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY. Members of the
Idaho national guard ordered into active service of the state by any proper
authority shall not be liable in any court of this state, either civil or
criminal for any acts done by them in performance of their duty. When suit or
proceedings shall be commenced in any court by any person against any officer
of the national guard of this state, for any act done by such officer in his
official capacity, in the discharge of any duty under this act; or against any
person acting under the authority or order of any such officer, or by virtue
of any warrant issued by him pursuant to law, the defendant may require the
person prosecuting or instituting the suit or proceedings, to file security
for the payment of costs that may be awarded to the defendant therein. In case
the plaintiff shall be nonsuited or have a verdict or judgment rendered
against him, the defendant shall recover treble costs.