Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 26. Military Affairs, Veterans, and Disasters
- Chapter 5. Military Code of Alaska
- Section 140. Suits Against Officers and Enlisted Persons.
previous: Section 135
. Suspension of Enforcement of Civil Liabilities.
next: Section 145
. Suits By Members of the Military Services.
AS 26.05.140. Suits Against Officers and Enlisted Persons.
- (a) Members of the militia ordered into active service for the state by order of the governor are not liable civilly or
criminally for any act done by them in their official capacity while in this such service. If a suit is commenced in a
court against an officer or enlisted person of the militia as a result of an act done by the officer or enlisted person
in an official capacity while in active service, the defendant may require the person instituting the suit to give
security for the payment of costs. If judgment is for the defendant, treble costs shall be assessed against the
plaintiff. The defendant in the action shall be defended by the attorney general at the expense of the state but the
defendant may employ private counsel.
- (b) The state has not waived its sovereign immunity and is not liable for the acts or omissions of members of the
organized militia, unless those members were ordered into active state service by the governor under AS 26.05.070
and the members were acting in the line of duty of those orders. This subsection does not apply to a civil action for
damages as a result of intentional misconduct within the course and scope of employment or agency and with complete
disregard for the safety and property of others.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.