Idaho Code
Idaho Code § 6-611 (2026)
Immunity from liability.
✓ current as of May 2026
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Immunity from liability.
No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions would have been legal had such statute not been held by judicial determination to be unconstitutional or otherwise non-existent or void.
Notes of Decisions
Cited in 2
cases, 1966–2014 · leading case: State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014).
State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014). “Idaho Code § 37-1407 provided that “any dog running at large in territory inhabited by deer, is hereby declared to be a public nuisance and may be killed at such time by any game conservation officer.”
Am. Oil Co. v. Neill, 414 P.2d 206 (Idaho 1966). “5 § 1, I.C. § 6-611): “Immunity from liability. — No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or…”
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