Montana Code Annotated

Mont. Code Ann. § 27-1-722 (2026)

Civil Damages Immunity For Injury Caused By Legal Use Of Force

✓ current as of May 2026

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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Civil Damages Immunity For Injury Caused By Legal Use Of Force

27-1-722. Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.

(2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.

(3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.

(4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.

History: En. Sec. 1, Ch. 445, L. 2001.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2012–2021 · leading case: Adams v. Roberts (D. Mont. 2021).

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Adams v. Roberts (D. Mont. 2021). · cites it 5× “In this case, Roberts finds statutory footing to deviate from the American Rule in Montana Code Annotated § 27-1-722, which provides that “[t]he prevailing party in an action in which a [use of force] defense is asserted .”

Schuster v. Yellowstone Cnty., 2014 MT 218N (Mont. 2014). · cites it 6× “Although Schuster may have suffered some degree of anxiety over his arrest and alleged injury, he never sought any professional help and presented no evidence to indicate that his distress was severe enough to support an independent claim of emotional distress. ¶9 We now turn to…”

Adams v. Roberts (D. Mont. 2021). · cites it 2× “In addition, Adams claims should be barred or reduced because any harm caused by Roberts was the result of negligence by Roberts, along with negligence by Adams, and the jury must allocate the percentage of fault attributable to each party.”

Kaestner v. Masten & Amber, 2012 MT 286N (Mont. 2012). · cites it 2× “¶33 We have determined to decide this case pursuant to Section I, Paragraph 3(d) of our Internal Operating Rules, which provides for noncitable memorandum opinions.”

— Mont. Code Ann. § 27-1-722(4) — 1 case

Adams v. Roberts (D. Mont. 2021). “In this case, Roberts finds statutory footing to deviate from the American Rule in Montana Code Annotated § 27-1-722, which provides that “[t]he prevailing party in an action in which a [use of force] defense is asserted .”

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