In what scenario might NCO immunity not apply?

NCO immunity is designed to protect non-commissioned officers from personal liability in the execution of their duties, specifically when they are acting within the scope of their authority and performing their military functions. However, this immunity does not extend to actions that involve the use of excessive force.

When an NCO engages in excessive force beyond what is considered reasonable, it constitutes a violation of both military regulations and possibly civilian law. Actions that are reckless, unlawful, or outside the bounds of proper conduct disqualify an NCO from the protection of immunity, as they are acting outside their official capacity. The principle is rooted in the need to maintain accountability for actions that are harmful or unjustifiable, ensuring that NCOs adhere to standards of conduct.

In contrast, scenarios involving approved military training exercises, carrying out lawful orders, or being on leave do not inherently conflict with the responsibilities of an NCO nor do they typically involve unlawful conduct. Thus, in these cases, NCO immunity would generally remain applicable, provided that their actions do not exceed the rightful parameters of their military duties.