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by ELB
Mon Aug 09, 2010 12:43 pm
Forum: New to CHL?
Topic: Case Law for study
Replies: 15
Views: 3076

Re: Case Law for study

The Armed Citizen used to have about five thousand examples of SD cases using a gun, but unfortunately it is off line due to copyright lawsuit, and I doubt it will ever return.

At one point I examined about 30 of those cases, by which I mean I googled the daylights out of them to see what happened after the initial news report. I was primarily interested to see if any of the defenders were criminally charged by the DA.

What I found was that in the vast majority of cases, the defenders were not charged by the DA with anything. Even rarer was reading about any civil lawsuits (like one of those 30).

That is not to say they don't happen. There was an off-duty bouncer/security guard (in nevada, I think) who shot someone at restaurant while he (the security guard) was visiting on his offtime. IOW, it seemed to be more of a citizen self-defense than him acting as security guard. Nevertheless, he and the restaurant got sued by family of the guy who was shot. Do not know outcome.

Right now there is a (unsuccessful) burglar in FL suing three guys who caught him and held him for police. He claims the guys roughed him up too much when the held him.

But. It is my perception that the vast majority of SD shootings do not result in civil lawsuits. My cynical side says that probably the biggest driver of this is that lawyers don't feel that the average citizen defender has enough assets to make it worth most tort lawyers time to fool with it. Also, from what I can see in the news reports, most of the time when the smoke clears the situation is pretty straightforward as to who was the good guy and who was the bad guy. In Texas at least this discourages lawsuits, since the law provides that one cannot be successfully sued for defending oneself. I suspect that jurisdiction also has a role -- civil suits are less likely to be successful in places where self-defense, particularly with a gun, is supported (e.g. Texas) versus hoplophobic jurisdictions like NY or MA.

You could also go to one of the websites that compiles courtcases and search on self-defense or similiar terms.

Good luck.

Oh, by chance I recently read an update on the OK pharmacist you mentioned.
http://www.newsok.com/oklahoma-city-pha ... line_crime" onclick="window.open(this.href);return false;

I will also note that if I think I am in danger of immediate bodily harm or death, I am not going to worry about being sued afterward. I aim to be alive so I can worry about such things later...

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