Members of the state defense force shall not incur personal civil liability for acts performed in the line of militia duty or cadre duty or in travel directly to or from said duty, and the state shall defend and indemnify against any such claims as are brought, and the state shall be substituted as a party defendant for the member.
History: 1978 Comp., § 20-5-11, enacted by Laws 1987, ch. 318, § 42.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military, and Civil Defense § 362 et seq.
Officers or privates in military service as "officers" or "employees" within statute waiving state's immunity from liability for torts, 129 A.L.R. 911.
Civil and criminal liability of militiamen, 135 A.L.R. 10, 147 A.L.R. 1429, 151 A.L.R. 1463, 153 A.L.R. 1432, 154 A.L.R. 1457, 158 A.L.R. 1462.
Service of civil process, exemption of members of armed forces from, 137 A.L.R. 1372, 149 A.L.R. 1455, 150 A.L.R. 1419, 151 A.L.R. 1454, 153 A.L.R. 1419, 156 A.L.R. 1449, 158 A.L.R. 1450.
Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239.
6 C.J.S. Armed Services §§ 297, 298.
Structure 2021 New Mexico Statutes
Article 5 - State Defense Force
Section 20-5-1 - New Mexico state defense force established; not in federal service; definitions.
Section 20-5-3 - Composition; enlistment; appointment.
Section 20-5-4 - Administration of oaths.
Section 20-5-5 - Standing cadre; composition of units.
Section 20-5-6 - Uniform; rank precedence and command.
Section 20-5-8 - Discharge; dismissal.
Section 20-5-9 - Arms and equipment; facilities.
Section 20-5-11 - Members not liable for acts in performance of duty.
Section 20-5-13 - Discrimination prohibited; penalty.
Section 20-5-14 - Military leave.
Section 20-5-15 - Exemptions; process; uniforms and equipment.
Section 20-5-16 - State defense force; workers' compensation; cadre duty.