RCW 4.24.420: Action by person committing a felony—Defense—Law enforcement activities

RCWs > Title 4 > Chapter 4.24 > Section 4.24.420

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4.24.410 << 4.24.420 >> 4.24.430

PDFRCW 4.24.420

Action by person committing a felony—Defense—Law enforcement activities—Actions under 42 U.S.C. Sec. 1983.

(1) Except in an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death.

(2) In an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to the action that the finder of fact has determined beyond a reasonable doubt that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death, the commission of which was a proximate cause of the injury or death.

(3) Nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.

[ 2021 c 325 § 1; 1987 c 212 § 901; 1986 c 305 § 501.]

NOTES:

Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.