Nonliability for official acts.

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The commanding officer of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws shall exercise his or her discretion as to the propriety of firing upon or otherwise attacking any mob or other unlawful assembly; and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or a criminal action for any act done while on such duty. No officer or enlisted person shall be held liable in either a civil or criminal action for any act done under lawful orders and in the performance of his or her duty.

Source: L. 55: p. 623, § 45. CRS 53: § 94-9-45. C.R.S. 1963: § 94-1-45. L. 2002: Entire section amended, p. 597, § 38, effective May 24.


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