27-1-722. Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.
(2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.
(3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.
(4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.
History: En. Sec. 1, Ch. 445, L. 2001.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
27-1-701. Liability for negligence as well as willful acts
27-1-703. Multiple defendants -- determination of liability
27-1-704. Release -- covenant not to sue
27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties
27-1-706. Effect of a release or covenant not to sue
27-1-708. Liability of landowner to trespasser
27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken
27-1-710. Civil liability for injuries involving alcohol consumption
27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages
27-1-712. Liability for damages for deceit
27-1-713. Duty to restore thing wrongfully acquired or retained
27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency
27-1-715. Liability of owner of vicious dog
27-1-716. Immunity of persons donating food for free distribution
27-1-718. Civil penalty for shoplifting
27-1-719. Liability of seller of product for physical harm to user or consumer
27-1-720. Liability -- defect in design of firearms or ammunition
27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors
27-1-722. Civil damages immunity for injury caused by legal use of force
27-1-727. Equine activity liability limitations
27-1-728. Mule and horseracing -- exception
27-1-729. and 27-1-730 reserved
27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions
27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers
27-1-734. Limits on liability of health care provider in emergency situations
27-1-735. Emergency communications systems -- lawful release of information
27-1-738. Health care provider's responsibility for others
27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice
27-1-740. Ridesharing -- limits on employer liability
27-1-743. Operator's responsibilities
27-1-744. Passenger responsibilities and prohibitions
27-1-746. Duty of health care provider performing third-party medical examination
27-1-747. Claims and damages based on birth of child prohibited
27-1-748. through 27-1-750 reserved
27-1-753. Limitation on liability in sport or recreational opportunity