An officer is not liable for any action taken as an officer or any failure to take any action if the officer’s duties were performed in compliance with section 10-842. In any proceeding commenced under this chapter, an officer has all of the defenses and presumptions ordinarily available to an officer.  An officer is presumed in all cases to have acted, failed to act or otherwise discharged the officer’s duties pursuant to section 10-842.  The burden is on the party challenging an officer’s action, failure to act or other discharge of duties to establish by clear and convincing evidence facts rebutting the presumptions.

Terms Used In Arizona Laws 10-845

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Proceeding: includes a civil suit and a criminal, administrative and investigatory action. See Arizona Laws 10-140