26-159
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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. |