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WildBill wrote:

KFP wrote: I have the utmost trust in Charles's professional opinion. You may also notice the dac weighed in on both of these threads, so I trust that he has some personal knowledge of the process through his friend.

This brings up another question. "What is civil liability"? Is it only monetary damages? Could you be sued for something other than "civil liability"?

srothstein wrote:

baldeagle wrote:We just went through this in another thread. "any remedy", in the instance of a legal use of deadly force is no remedy. Civil immunity means just that. Civil immunity. As in you cannot be sued. Any lawyer that files a civil suit in an instance where deadly force was legally used would have his case thrown out immediately. You wouldn't need to hire an attorney to do that. You simply petition the court to dismiss the case with prejudice, citing 83.001. I wouldn't even bother petitioning the court. I would call the plaintiff's attorney directly and suggest to him that he has two options. He can withdraw the suit and promise, in writing, not to file again, or I will not only petition the court to dismiss with prejudice but I will ask that the attorney be sanctioned and the plaintiff be ordered to pay any court or filing fees that I incurred in the process.

While this has been gone through several times, we still seem to have a disagreement on a basic concept. You can be legally sued. Civil immunity does not mean you cannot be sued. It simply means you cannot be held liable. Being held liable is, by definition, the results of a trial.

And there is a reason your concept of sanctions will not work.....

As an aside on the pro se representation, SCOTUS Chief Justice Oliver Wendell Holmes once said that the attorney who represents himself in court has a fool for a client. I always recommend getting the best lawyer you can afford ANYTIME you are going to court. The other side has the best they can afford, so it is only fair for you to do so also.

AEA wrote:

mactex wrote:

AEA wrote:Although I doubt they cover what you say, the likelihood of a civil trial is almost nill on a good shot.

Maybe I've not followed all the laws recently, but my understanding is that a civil suit can still be filed (heck, anyone can file a civil suit for almost any reason) and the costs associated with highering an attorney to get the the case thrown out (because of the current laws) still exist. The laws really only protect you from a trial if you have an attorney who can argue to get the process stopped early on.

You are completely wrong on your assessment. No sensible attorney will even attempt a civil suit in Texas with regard to a good shot by a CHL after a Grand Jury dismisses all charges.