TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 8

ACTIONS FOR NEGLIGENCE

6-808.  Civil immunity for self-defense. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.

(2)  The court shall award reasonable attorney’s fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.

(3)  As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

History:

[6-808, added 2006, ch. 453, sec. 1, p. 1345.]