26-159. Powers of commanding officers; defense
of officer to action based on act or omission
A. The commanding officer of troops under arms while in actual service may cause
such troops to perform such military duties as he requires. He may place under arrest an
officer or enlisted person who disobeys orders of superior officers, and any person
trespassing on parade or camp grounds or interrupting or molesting the orderly discharge
of duty of troops under arms. The commanding officer shall use his own discretion with
respect to attacking or firing upon a mob or unlawful assembly, and his honest and
reasonable judgment in the exercise of his duty shall be a complete defense, both civilly
and criminally, for any act done while on such duty.
B. If an officer is made a party defendant in an action arising from acts or
omissions while on military duty, the plaintiff in the action shall be required, upon
motion of the defendant officer, to give security for costs in the amount of three
hundred dollars.
C. The attorney general, upon request of the defendant officer, shall defend the
action or assist in the defense thereof.
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