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by seamusTX
Fri Oct 12, 2007 11:57 am
Forum: General Texas CHL Discussion
Topic: Robber running away, can you shoot him
Replies: 56
Views: 10025

boomerang wrote:I'm more worried how my coworkers, family and friends will react if I use deadly force.
I think most people are sympathetic to their family and friends -- give them the benefit of the doubt. If not, you find out who your real friends are.

- Jim
by seamusTX
Thu Oct 11, 2007 7:23 am
Forum: General Texas CHL Discussion
Topic: Robber running away, can you shoot him
Replies: 56
Views: 10025

boomerang wrote:
seamusTX wrote:Civil lawsuits are rarely filed against defenders by criminals or their survivors in Texas.
How rare? Is it more or less common than being struck by lightning? Winning the lottery? Blizzards in Houston?
Somewhere between blizzards in Houston and being struck by lightning.

FWIW, I've never lost a minute of sleep worrying about being sued for any reason; but if we're talking about hypothetical possibilities, it's out there.

- Jim
by seamusTX
Wed Oct 10, 2007 6:09 pm
Forum: General Texas CHL Discussion
Topic: Robber running away, can you shoot him
Replies: 56
Views: 10025

boomerang wrote:How much are we talking about? What were the five largest civil judgements against a good guy who shot a bad guy in Texas in the past two years?
Civil lawsuits are rarely filed against defenders by criminals or their survivors in Texas. I don't know of any that the plaintiff won.

But, if it happens, it's expensive to defend against, even in the preliminary stages.

- Jim
by seamusTX
Wed Oct 10, 2007 12:49 pm
Forum: General Texas CHL Discussion
Topic: Robber running away, can you shoot him
Replies: 56
Views: 10025

Bodacious wrote:I was under the impression that with the law enacted on September 1st of this year that if a person justifiably defends themselves and as a result no criminal charges are filed that they are immune to civil prosecution. Is this not the case?

If no charges are filed against me if I drop a thief fleeing from me and given the recently passed law, how can I be civily prosecuted?
This law has not been tested, as far as I know.

As I understand it, if you were justified in defending yourself and then sued, you would have to get a lawyer and he would file a motion to dismiss the suit. The judge might not dismiss it. He might think that you should prove in court that the shooting was justified. I suppose that decision could be appealed, but you're still spending money for a lawyer.

You could also be sued in federal court, in which case Texas law would not apply.

- Jim

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