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2019 Oklahoma Statutes
Title 44. Militia
§44-212. Action against officer or enlisted person for official acts - Defense - Costs and security.

Universal Citation: 44 OK Stat § 44-212 (2019)
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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.

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