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- Alaska Statutes.
- Title 26. Military Affairs, Veterans, Disasters, and Aerospace
- Chapter 5. Code of Military Justice
- Section 140. Suits Against Officers and Enlisted Persons.
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Section 135. Applicability of Servicemembers Civil Relief Act to Members of the Organized Militia; Contracts.
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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
for any act done by them in their official capacity while in 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 be defended by the attorney general at the expense of the state but the
defendant may employ private counsel. Nothing in this subsection applies to a proceeding or action brought under this chapter or the code of military justice.
(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.
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