PA §8340.2 Civil immunity for use of force

State: Pennsylvania

 

Pennsylvania Consolidated Statutes (Pa.C.S.)

Title 42.  Judiciary and Judicial Procedure

Part VII. Civil Actions and Proceedings

Chapter 83. Particular Rights and Immunities

Subchapter C.  Immunities Generally

§8340.2  Civil immunity for use of force

(a)  General rule.–An actor who uses force:

(1)  in self-protection as provided in 18 Pa.C.S. § 505 (relating to use of force in self-protection);

(2)  in the protection of other persons as provided in 18 Pa.C.S. § 506 (relating to use of force for the protection of other persons);

(3)  for the protection of property as provided in 18 Pa.C.S. § 507 (relating to use of force for the protection of property);

(4)  in law enforcement as provided in 18 Pa.C.S. § 508 (relating to use of force in law enforcement); or

(5)  consistent with the actor’s special responsibility for care, discipline or safety of others as provided in 18 Pa.C.S. § 509 (relating to use of force by persons with special responsibility for care, discipline or safety of others)

is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the actor as a result of the use of force.

(b)  Attorney fees and costs.–If the actor who satisfies the requirements of subsection (a) prevails in a civil action initiated by or on behalf of a perpetrator against the actor, the court shall award reasonable expenses to the actor. Reasonable expenses shall include, but not be limited to, attorney fees, expert witness fees, court costs and compensation for loss of income.

(c)  Definition.–As used in this section, the term “perpetrator” shall mean a person against whom an actor is justified in using force as provided by 18 Pa.C.S. § 505, 506, 507, 508 or 509.