Don't get me wrong. I'm all up for believing the language in the IC protects me from civil suit. I just know that I've been told by more than one attorney that anyone can be sued for anything at any time. When in doubt, refer back to that.
Oh, nothing protects you from someone filing a suit over anything against you, unless they can't afford the filing fee. There really is no way to stop someone from filing a civil complaint.
What that language in the IC does is protect you from it being successful under certain circumstances. The problem is that it does not define when or how in the process you assert that defense.
Best,
Joe