Section 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.

Notes

Recent Bills that will modify this

HB 121 CODE OF MILITARY JUSTICE; APPEALS
HB 126 CODE OF MILITARY JUSTICE; APPEALS
SB 59 CODE OF MILITARY JUSTICE; APPEALS
SB 110 CODE OF MILITARY JUSTICE; APPEALS

History

(Sec. 15 ch 150 SLA 1955; am Sec. 2 ch 141 SLA 1972; am Sec. 3 ch 43 SLA 2003; am Sec. 2 ch 55 SLA 2016)