Self Defense & Civil lawsuit

[sevans1965]

I think we (law abiding gun owners) should be protected under the same laws as LEO. If we protect ourselves with deadly force, and cleared of all criminal charges, then we should be shielded from civil suit!

I feel that if someone breaks into my home and threatens me, the perps family shouldn't be able to sue me. After all, if the bad guy wasn't breaking any laws he'd still be alive!

I wonder if the NRA would consider lobbying for something like this?

 

[blueribbonman]

I know that there has been talk of this in Ia. or at least that's what a Highway patrol buddy of mine says.

 

[MadMAF]

In Louisiana you are protected from civil suit if the shooting was justified.

 

[kelcarry]

SC also has immunity from civil action on its books for a "good shoot". In this country, however, regardless of whether you are an LEO or a citizen, you can still be sued--the "sueee" may not and should not win but the suit can still be filed. Bottom line--you injure of kill someone with a firearm, particularly these days where the asylum, formerly known as the USA, is run by inmates, you can be sued for literally anything and it will cost you time and money to defend.

 

[GB-Boater]

Wisconsin is covered by Castle Doctrine.

 

[BC1]

Even in states where one isn't protected from civil suit there is generally no suit if there were no criminal charges are upheld by the court. Defense will file a motion for summary judgement citing the fact that a grand jury found no wrong-doing. In order to sue one must prove a tort (wrong) occurred, the plaintiff suffered damages and there was a cllose causal connection between the two. Without the tort as found in the criminal charges, the suit can be dismissed as not satisfying the requirements for a cause-of-action. Then there's always jurors like us. Most of us aren't finding for the perp.
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Also, check your homeowners policy. Many will provide for defense costs and settlement up to the contract amount for actions arising from lawful self-defense in the home.

 

[SR40c]

I know that there has been talk of this in Ia. or at least that's what a Highway patrol buddy of mine says.

Iowa "WAS" considering it. Then some ******* shot up a school in Connecticut. This resulted in Obama, his administration, and his retarded minions using the blood of 20 children and 6 adults to further an oppressive agenda. Castle Doctrine, Stand You Ground, and Constitutional Carry, have all gone to the back burner while all the time and money are now spent on fighting ban and confiscation legislation.

Iowa really needs the fore mentioned because people protecting themselves are sometimes unjustifiably charged and jailed by lunatic left wing prosecutors. People's lives are destroyed for no reason other than they protected them selves.

 

[apvbguy]

I think we (law abiding gun owners) should be protected under the same laws as LEO. If we protect ourselves with deadly force, and cleared of all criminal charges, then we should be shielded from civil suit!

I feel that if someone breaks into my home and threatens me, the perps family shouldn't be able to sue me. After all, if the bad guy wasn't breaking any laws he'd still be alive!

I wonder if the NRA would consider lobbying for something like this?

In FLA we are protected from civil suits arising from a justifiable use of deadly force

 

[Bttbbob]

In FLA we are protected from civil suits arising from a justifiable use of deadly force

Yup, Stand Your Ground does this.

 

[r-hakola]

Oklahoma protects against civil suit in the case of justifiable use of deadly force. It also states that if a civil suit is brought against you the courts are ordered to award you costs to defend, loss of income, etc. From what my ccw instructor said, the number of suits has dropped considerably since this was made law.

 

[Dekul34]

As of the last election AZ shields victims of crimes from being sued by the offender or their family, so... robber slips on your rug and breaks his hip, no problem, sucks for him, someone assaults you and you shoot them? As long as you're cleared of criminal charges you're safe from civil action too.

 

[XD40scinNC]

It's called the Castle Doctrine in NC. Others may call it Castle Law or a Defense of Habitation Law, and other states provide no such protection.

 

[Jay]

Indiana Code....

SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; only and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

 

[USN2Pulpit]

In Louisiana you are protected from civil suit if the shooting was justified.

Same in Missouri.

 

[BuddhaKat]

Same in Nevada.

 

[packinprincess]

I wish Arkansas had the "stand your ground" law. I hate think that a homeowner would lose his life because he has to be worried about going to jail or being sued by the bad guys family.