This is a discussion on Shooting someone within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Originally Posted by oneshot ^^^^^Looks like ^^^^^^^^^^ I won't be going to Minnesota anytime soon.. This, at least defines, I hope the most the thug ...
Strongly suggest you read In The Gravest Extreme by Masad Ayoob.
Read it a couple of times, come back with more questions.
You might think declaration of bankruptcy would solve your problems. But there was a guy on the subway in NYC, that thought the same thing... He was wrong, too!
Politicians, take note of Colorado 9/10/2013."You are elected to service, not power.
Your job is to "serve us" not to lord power over us."
If they die as a result of your shooting in self defense, then at least a key witness will not be able to testify.
Ignorance is a long way from stupid, but left unchecked, can get there real fast.
Absent codified civil immunity for a justified shooting, the "victim" (the "victim's" spouse, parents, estate, etc.) can initiate a lawsuit against the shooter. However, successfully suing and collecting is quite another. The plaintiff, generally speaking, would have to prove that the injury/injuries (or death) happened and that they were caused by the shooter (1) negligently; or (2) intentionally; or (3) recklessly.
More often than not, a justified shooting will not see the light of day in a court room provided the defendant employs competent counsel who can get the suit dismissed or, even better, gain summary judgment in his favor which, if not timely appealed or if the appeal is denied, causes the lawsuit to be terminated. From that point on, generally speaking, collateral estoppel attaches and the defendant will not have to re-litigate the issues he previously prevailed, even if there is a new plaintiff (to the same general set of facts).
Finally, in many jurisdictions a person wrongfully sued (once the cause of action terminated in favor of the defendant) can sue for malicious prosecution or similar tort (can apply civilly) to go after the plaintiff (turn the tables, if you will). Often times the only way a defendant can recover his attorney fees is to sue for malicious prosecution since most jurisdictions follow "The American Rule" whereby each party bears the expenses of litigation regardless of which party prevails.
Please note that I am not a lawyer and that the above is based upon my layman's understanding of the law and the issues. However, I have successfully sued a Fortune 100 company, a large regional home builder, and a bankruptcy petitioner (and prevailed or caused a settlement in my favor) as a pro se (representing myself) litigant. Nothing is more satisfying than beating attorneys in state and federal court.
We are covered in TN
39-11-622. Justification for use of force -- Exceptions -- Immunity from civil
(a) (1) A person who uses force as permitted in §§
39-11-611 -- 39-11-614 or § 29-34-201, is justified in using such force and is
immune from civil liability for the use of such force,
(A) The person against whom force was used is a law
enforcement officer, as defined in § 39-11-106 who:
acting in the performance of the officer's official duties;
(ii) Identified the officer in accordance with any
applicable law; or
(iii) The person using force knew or
reasonably should have known that the person was a law enforcement officer;
(B) The force used by the person resulted in property damage to
or the death or injury of an innocent bystander or other person against whom the
force used was not justified.
(b) The court shall award reasonable
attorney's fees, court costs, compensation for loss of income, and all expenses
incurred by a person in defense of any civil action brought against the person
based upon the person's use of force, if the court finds that the defendant was
justified in using such force pursuant to §§ 39-11-611 -- 39-11-614 or §
Tenn. Code Ann. § 39-11-622
Mors est libertas
If you're gonna base your self defense on fear of being sued--Don't defend yourself!
Retired USAF E-8. Avatar is OldVet from days long gone in a neighborhood long gone. Oh, to be young again...
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield
In Tx if you kill somebody in a legal SD shooting the family members can't even try to sue since there isn't a lawyer that will take a case he knows he can't win from the get go
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .