39-11-622 - Justification for use of force Exceptions Immunity from civil liability. - Tennessee Statutes

39-11-622. Justification for use of force Exceptions Immunity from civil liability.

(a)  (1)  A person who uses force as permitted in §§ 39-11-611 39-11-614 or § 29-34-201, is justified in using such force and is immune from civil liability for the use of such force, unless:

          (A)  The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who:

                (i)  Was acting in the performance of the officer's official duties; and

                (ii)  Identified the officer in accordance with any applicable law; or

                (iii)  The person using force knew or reasonably should have known that the person was a law enforcement officer; or

          (B)  The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.

(b)  The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person based upon the person's use of force, if the court finds that the defendant was justified in using such force pursuant to §§ 39-11-611 39-11-614 or § 29-34-201.

[Acts 2007, ch. 210, § 3.]