Castle Doctrine Doesn't Apply in Low Country

[HueMan]

Just my thoughts here but after the police have cleared you from self defense and Castle Doctrine, you are supposed (key word supposed) to be immune from Civil lawsuits.

Apparently this does not apply the same in the Low Country as evidenced by this news article.

Family of man killed during burglary, now taking legal action - Live5News.com | Charleston, SC | News, Weather, Sports

Just this year, very similar incidents have occurred twice in Lexington County with the VICTIM being cleared by the LCSO and and it went no further.

 

[evolve]

I think the family needs to give this one up. The porch is still considered their property.

 

[disneyr]

Don't break into my house, don't have to worry about my gun.

 

[JimMullinsWVCDL]

The title of this thread is misleading. Anyone can file a lawsuit, but this one (assuming it is actually filed) likely won't survive the motion to dismiss.

 

[HueMan]

The title of this thread is misleading. Anyone can file a lawsuit, but this one (assuming it is actually filed) likely won't survive the motion to dismiss.

Apparently the "?" after my title was omitted! It is however my opinion which is not subject to debate, thanks for visiting the SC forum

 

[melloyello]

The "hopes" of the family for the law suit is being pursued at the Federal level and not the state or local level according to the article. The family knows they can't win with this waste of the court's time.

The notion of the duty to retreat even within your house is the same BS laws from NY and D.C.

They are probably trying to get Eric Holder involved making this into a Federal Case. Let's see how much more the States will tolerate Federal violation of the 10th Amendment...

 

[HueMan]

Well my "hopes" for posting this was to get some viewpoints from "like minded" individuals. Whereas I posted this on one other site on a yahoo group and there are just too many "smart boys". It is my belief that as someone else stated that if they, black people, holler, scream, loud talk, wave and faint it will draw enough attention that it will cause lesser cerebrial types to say "hey somethings wrong lets fix it" and the fix is QUIT BEING A DAMN CRIMINAL.

Not wanting to say anything online that I would not want read back to me in a court of law, all I can safely say is that I pray to GOD everyday that I NEVER have to make those choices for PPPA and Home Defense but If I am faced with it that I have the strength and divine providence to protect my family or those whom might be temporarily under my care, custody and control.

 

[melloyello]

HueMan,

You might as well consider hope and want as Synonyms.

Not to be too rude but there is a saying the applicably fits...
Want in one hand and $4!# in the other - see which one fills up the fastest.

Many people that feel and value life so highly that no matter what a person has done, a life should not be a sacrifice (at least by mortal man).

Haven't you read or heard of all those law suits where a criminal breaks into a bldg, hurts themselves, and sues the owner for neglience and wins. Wonder where those lawsuit originated. Wonder where the criminal's family hails?


BTW - I just read your post on the Yahoo SC Firearms Group, I see a lot of valid points. Maybe we should increase the strength of our Castle Doctrine for those who would want to see it undone.

 

[Blueridge]

Well, the SC Supreme Court just came out with a ruling yesterday that affirms the Castle Doctrine in no uncertain terms. So, I would expect this lawsuit to be dropped or throw out posthaste.

The ruling quoted the SC law:

"The Act provides, 'It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle . . . .' S.C. Code Ann. § 16-11-420(A) (Supp. 2010). The Act also states, 'the General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.' S.C. Code Ann. § 16-11-420(B) (Supp. 2010). "

I find it interesting that the intruder was not actually inside the rooms of the home, but had entered a screened porch.

SC Judicial Department

 

[HueMan]

Others feel free to jump in....if it's attached to the house it's part of the house but nonetheless BG was on the victims property hence PPPA. What I find odd is the disparity of the application to this. Just this year in Lexington County a BG was shot and killed while fleeing the victim's property after having broken into/stealing from the victims auto and he was cleared of wrong doing. It just seems there is a very high percentage of black racists in the low country where "Road and Bridge to Nowhere" Clyburn's district is!