§ 31-2-89 — Actions Against Members of Military Court, Etc., as to Sentences, Warrants, Etc.; Actions Against Officers or Enlisted Men for Acts Performed in Line of Duty; Defense of Actions Against Present or Former Members of National Guard at State Expense

No action or proceedings shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate of a military court, nor shall any officer or enlisted man be liable to civil action or criminal prosecution for any act done while in the discharge of his military duty, which act was done in the line of duty.
If a civil action shall be commenced in any court by any person against any present or former member of the National Guard of this state for any act done by such present or former member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, and the present or former member shall be determined to be entitled to defense counsel at state expense pursuant to Section 31-2-90, the state shall defray all costs related to such representation or defense, and shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit.
Defense counsel provided at state expense pursuant to Section 31-2-90 shall have authority to settle any claim by compromise, with approval of the Attorney General.

Legislative History

(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §118; Acts 1973, No. 1038, p. 1572, §90; Acts 1983, No. 83-606, p. 943.)