Domestic disturbances Page: 13
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Section VII. LIABILITY OF MILITARY
PERSONNEL UNDER CIVIL LAWS
17. GENERAL. 'When troops are employed in domestic
territory, even when martial rule prevails, the acts of the
individual officer and enlisted man are subject to review by
the civil courts in actions for damages or in criminal pro-
18. CIVIL AND' CRIMINAL LIABILITY. The civil
courts ordinarily do not impose individual liability, either
in a criminal prosecution or in a civil suit for damages, upon
a military subordinate for acts done in good faith, in obedi-
ence to orders from superior military authority. However, if
its illegality is so obvious as to be immediately apparent to
a person of average intelligence, the order probably would
not prove a valid defense. Moreover, although the use of
necessary force to accomplish a military mission does not
make an otherwise lawful act by military personnel illegal,
the reckless or malicious use of unnecessary force may have
such result, and may subject the offender to civil or criminal
liability, or both.
19. RIGHT TO TRIAL BY FEDERAL COURT.
When any civil or criminal prosecution is commenced in
any court of a State against any officer, soldier, or other per-
son in the military service of the United States on account of
any act done under color of his office or status, or in respect to
which he claims any right, title, or authority under any law of
the United States respecting the military forces thereof, or un-
der the law of war, such unit or prosecution may at any time
before the trial or final hearing thereof be removed for trial
into the District Court of the United States in the district
where the same is pending in the manner prescribed by law.
(See AW 117; io U.S.C. 1589.)
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United States. War Department. Domestic disturbances, book, July 30, 1945; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc96652/m1/19/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.