Civil suit?

This is a discussion on Civil suit? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by BlueNinjaGo Oh, I know it happens, but it doesn't make it any less retarded. Agreed!...

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Thread: Civil suit?

  1. #31
    Member Array CommonMan101's Avatar
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    Quote Originally Posted by BlueNinjaGo View Post
    Oh, I know it happens, but it doesn't make it any less retarded.
    Agreed!

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  3. #32
    Ex Member Array BikerRN's Avatar
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    There's always bankruptcy.

    Biker

  4. #33
    VIP Member Array Thanis's Avatar
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    I have considered it, but as so many point out, what choice do you really have. Lay down in die or defend yourself.
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  5. #34
    VIP Member Array Stevew's Avatar
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    If the lady who is doing the sueing was held resposible for the defendants legal fees and pain and suufering caused by a frivolous lawsuit this type of case cease. I know lawyers have to eat but they should be able to find a way to feed theirself without leaving a bad tatse in everyones mouth.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

  6. #35
    Member Array Buckley's Avatar
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    Quote Originally Posted by kspilot536 View Post
    Is anybody concerned with being sued by family members if you have to draw and shoot a perp for trying to rob you or cause you harm?
    Even if you are within the law and kill a BG trying to comit bodily harm to you,suppose the family brings a suit against you costing thousands of dollars in lawyer fees,it could ruin you're life financially.
    I have heard this happening to LEO''s.
    Any thought on this?
    Yes I am. Florida law does provide for immunity from prosecution when self-defense is employed. Sadly, many of our courts don’t understand what this means. It is the responsibility of the state to prove its case “beyond a reasonable doubt”. However, the standard used in a hearing to determine whether self-defense immunity attaches is only “by a preponderance of the evidence”. Since there is some conflicting case law on this issue, counsel needs to be very well prepared.

  7. #36
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by BikerRN View Post
    There's always bankruptcy.

    Biker
    Which does not cover judgements for intentional injury to others...

  8. #37
    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by MitchellCT View Post
    Which does not cover judgements for intentional injury to others...
    Judgement is one thing, collection another.

    Biker

  9. #38
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by farronwolf View Post
    Not too worried about it.

    CIVIL PRACTICE AND REMEDIES CODE
    TITLE 4. LIABILITY IN TORT
    CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

    Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
    If the perp is killed in the shooting, then there obviously will be no prosecution. Therefore, there is no conviction against him which establishes that he was engaged in conduct that justified the use of deadly force. On the other hand, if the perp lives, then a conviction against him for the offense for which he was shot can result in collateral estoppel or judicial estoppel -- for which evidence of the conviction can be used to establish facts in a related civil case, thereby eliminating the need to prove that deadly force was justified.

    Therefore, if you get sued, and the perp was not prosecuted and convicted (i.e. dead), you still may have to prove that the the use of deadly force "was justified." In other words, it well may be something to worry about.

    Also, this issue comes up in civil rights suits quite frequently. The Texas Statute does not nullify federal civil rights laws. Therefore, if the shooting is by someone "acting under color of law" (i.e. law enforcement), the Texas statute is not applicable in a federal civil rights action.

    [Spoken from someone who has defended these type of civil cases]
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  10. #39
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by BikerRN View Post
    There's always bankruptcy.

    Biker
    Bankruptcy will not get you discharged, if you committed a willful wrong act.
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  11. #40
    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by cwblanco View Post
    Bankruptcy will not get you discharged, if you committed a willful wrong act.
    True.

    See the part about collection being another. I will not pay unjust debt. Just because a court says it is just does not make it just in my book. I have an obligation to pay a just debt.

    If necessary I will quit my job and do odd jobs for cash money or as a form of bartering. Bartering is legal and no money need to change hands.

    Biker

  12. #41
    Distinguished Member Array tiwee's Avatar
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    Seems like a situation where the plaintiff would have to post a bond to file a lawsuit. I am sure it is different in different parts of the country.
    Last edited by tiwee; November 4th, 2009 at 06:03 PM. Reason: added word "to"

  13. #42
    Member Array ItsMyRight2's Avatar
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    If you shoot someone even if its justafiable,your probably going to do some jail time and spend alot of money to defend yourself in court. It shouldnt be like that at all but it seems like thats what happens to alot of folks. We are all guilty untill proven innocent for some reason. And I know some people that thousands of dollars and a few months in jail will probably break em and mess thier lives up pretty bad. myself included. So the laws are kinda messed up. You wont just walk away scott free.

    And yes I know the above is way better than death.But still sucks cause we would still lose alot. Not to mention the living with the trauma our whole lives that we had to end someones life.

  14. #43
    VIP Member Array MitchellCT's Avatar
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    This entire issue would disapear if people would take more relevant, realistic, and recent training focusing on when to use force, and how much, rather than just on the really sexy-cool-shoot-stab-jujitsu/kali/boxing-IDPA-secret squirl ninja stuff.

    I wonder how many force on force classes are unfilled while classes were people shoot are filled to capacity?

    People. This stuff is simple.

    Everyone is so willing to make it complex, because wrapping the head around simplification usually requires too much effort.

    Learn when to use what force, and how to handle the aftermath.

    SouthNarc (Shivworks.com/totalprotectioninteractive.com) & Yeager (tacticalresponse.com/Getoffthex.com) both teach contact management and aftermath skills.

    I'm sure others are doing that too.

    I'm willing to be that everyone reading this has money set aside for a new gun, more ammo, a new benchmade or a really cool optic for the M-4...

    Or maybe you are saving for a class that involves 2k rounds of ammo over 5 day which will teach you to be a Jedi with a 1911...

    But I'll bet naked photos of myself to be posted on the internet (not here...) that nobody wants to take a class were the goal is sitting around, listening to someone talk about when to use force, how to make the decission, then putting you in situations were you need to make those decissions under stress, then analysing how poorly you reacted, and maybe getting the stuffing pounded out of you in the process of doing those realistic scenarios to better prepare you for a real encounter.

    Yeah.

    Who wants reality?

    You want to discuss civil suits in the aftermath of a use of force situation?

    Go read your state code of civil procedure. It's all in that book. Happy reading, and I hope you like it.

    Me...

    I'd rather focus on how to avoid getting to that point by way of contact management & aftermath management.

  15. #44
    Member Array LM2024's Avatar
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    Quote Originally Posted by MitchellCT View Post
    This entire issue would disapear if people would take more relevant, realistic, and recent training focusing on when to use force, and how much, rather than just on the really sexy-cool-shoot-stab-jujitsu/kali/boxing-IDPA-secret squirl ninja stuff.

    I wonder how many force on force classes are unfilled while classes were people shoot are filled to capacity?
    Some people would say that all this training accomplishes nothing. Who needs more stinking training?

  16. #45
    Member Array tpurdin's Avatar
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    Ohio has the castle doctrine, which states you do NOT have a duty to flee in your home or your vehicle. If a BG breaks in and you shoot him and it is deemed a self defensive shooting it also protects you against civil charges from friends or family of the BG.

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