Convicted thief sues store he robbed - Page 3

Convicted thief sues store he robbed

This is a discussion on Convicted thief sues store he robbed within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Zeilinski's lawyer says his client is asking in excess of $125,000 for pain and suffering and emotional distress. ... for being stopped as the criminal ...

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  1. #31
    VIP Member Array ccw9mm's Avatar
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    Zeilinski's lawyer says his client is asking in excess of $125,000 for pain and suffering and emotional distress.
    ... for being stopped as the criminal he was, caught in the act?

    Judge: "Subtract the pain/suffering/distress his client caused the 20 customers in the store at the time, plus the caulking, gypsum board and paint to repair the walls x20, plus the lost wages of the people who had to jerk around with this case due to his sorry but being at any place at the wrong time, plus the judge's time, the clerks' time, the DA's time, the Grand Jury's time and the hoard of attorneys. To say nothing of the lifelong emotion distress of the person who defended against your sorry butt. Let's see, that comes to ..... kaching! ..... kaching! .... kaching! $2.8M actual damages, $10M suffering, $10M pain, and $1M distress ('cause the shooter's a tough cookie), plus your wages, couselor. Hmmm. That's some figure, there, counselor! Ahem. Bailiff?"
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  2. #32
    Member Array andr0id's Avatar
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    Quote Originally Posted by DM2 View Post
    I'm no lawyer, but this is what MI law says:

    The People of the State of Michigan enact:
    Sec. 2922b. An individual who uses deadly force or force other than deadly force in self-defense or in defense of another
    individual in compliance with section 2 of the self-defense act is immune from civil liability for damages caused to either
    of the following by the use of that deadly force or force other than deadly force:
    (a) The individual against whom the use of deadly force or force other than deadly force is authorized.
    (b) Any individual claiming damages arising out of injury to or the death of the individual described in subdivision (a),
    based upon his or her relationship to that individual.
    Enacting section 1. This amendatory act takes effect October 1, 2006.

    It doesn't sound to me like this guy has a case. My interpretation of this is that neither the BG or his family has any civil recourse. Did I interpret this wrong? Are there any MI lawyer's here.
    Same in TX. Once the shoot has been declared good by DA, no civil suit can be filed by bad guys. I'm not sure of the actual mechanism though. Like maybe they can try and file, but the judge just tosses it. The clerk that accepts the suit has no way of knowing.

  3. #33
    Member Array zbock's Avatar
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    Michigan has castle doctrine which makes the defender immune from civil liability - the law the person a few posts above me just qouted. I don't think the criminal has a chance.

  4. #34
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    Wink

    Miggy's link shows that this turd is serving sentence for UNARMED robbery. Contradicts the story. Possibly plea bargained?

    zbock,
    If I am reading this right and all the facts are correct he is not suing the person who shot him. He is suing the store owner where he was "injured". Would the place of business be covered under this law?
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  5. #35
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    Quote Originally Posted by luvmy40 View Post
    He is suing the store owner where he was "injured". Would the place of business be covered under this law?
    If the business isn't covered, it's a loophole big enough to drive a Mac Truck through. It ought to have been anticipated by anyone familiar with the "deep pocket" rule. In that case, it would only eliminate the "several liability" issue, reducing the suit to a single defendant.

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