Montana § 27-1-722 Civil Damages Immunity For Injury Caused By Legal Use Of Force

Montana Statutes

§ 27-1-722 — Civil Damages Immunity For Injury Caused By Legal Use Of Force

Montana § 27-1-722

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 7Liability

This text of Montana § 27-1-722 (Civil Damages Immunity For Injury Caused By Legal Use Of Force) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-1-722 (2026).

Text

27-1-722 . Civil damages immunity for injury caused by legal use of force.

(1)A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.

(2)Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.

(3)The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.

(4)The prevailing party in an ac

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27-1-722 . Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.
(2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.
(3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.
(4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.