North Dakota Code 12.1-05-07.2 – Immunity from civil liability for justifiable use of force
1. An individual who uses force as permitted under this chapter is immune from civil liability for the use of the force to the individual against whom force was used or to that individual’s estate unless that individual is a law enforcement officer who was acting in the performance of official duties and the officer provided identification, if required, in accordance with any applicable law or warrant from a court, or if the individual using force knew or reasonably should have known that the individual was a law enforcement officer.
Terms Used In North Dakota Code 12.1-05-07.2
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Force: means physical action. See North Dakota Code 12.1-01-04
- Individual: means a human being. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. The court shall award loss of income, reasonable attorney’s fees, court costs, and disbursements incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from civil liability as provided in subsection 1.