the family of the dearly departed prepare to sue Horn

[Stupid]

just heard the news, the families of the dearly departed are preparing to sue Horn, but can they, really? I thought the Texas Castle doctrine gives immunity to civil lawsuit.

What are they going to sue him for? Worker's Comm, occupational hazards, KIA or died in the line of duty?

anyways, my check book is ready for Joe. there's no way that i just stay by and watch him losing the fight!

[McKnife]

This ought to be very interesting. I'm prayin for ya, Joe!

[agbullet2k1]

Justified self defense determined in criminal court is a defense to civil prosecution, but you can still be sued and brought to court. They'll drag him all the way to civil court and make him pay more money just for his attorney to say, "criminal court no-billed him." The judge will then hopefully see that that is a defense to prosecution according to law, and send them all on their merry way. We'll see if it really happens that way though.

[Stupid]

he's "no billed," which means there's no criminal court. In Texas, GJ reviews every homicide case, self-defense or not.

[SCone]

Remember, OJ was found innocent and still lost his civil suit

[boomerang]

Can Joe Horn go after the opposing attorney personally for his legal fees?

If the law won't go after this crime family, can concerned citizens in Texas bring a civil RICO suit against the people who profited from the criminal enterprise? We know the two dead Colombian gangsters were under investigation by DPS for one or more of the following:
section 1028 (relating to fraud and related activity in connection with identification documents), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1503 (relating to obstruction of justice), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1546 (relating to fraud and misuse of visas, permits, and other documents), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States)

[dukalmighty]

Can Joe Horn go after the opposing attorney personally for his legal fees?

If the law won't go after this crime family, can concerned citizens in Texas bring a civil RICO suit against the people who profited from the criminal enterprise? We know the two dead Colombian gangsters were under investigation by DPS for one or more of the following:
section 1028 (relating to fraud and related activity in connection with identification documents), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1503 (relating to obstruction of justice), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1546 (relating to fraud and misuse of visas, permits, and other documents), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States)

I agree I wonder how many people would harbor illegal aliens involved in major crimes if they were locked up for it

[bdickens]

Boomerang: that certainly sounds like something to think about.

[tboesche]

Remember, OJ was found innocent and still lost his civil suit

Yeah but OJ was in Kalifornia! They do not, or at least DID not have Castle Doctrine back then. In Kali, you can sue just because you want to. Kalifornia is not part of the real world.

I think Joe will go to civil court and the case will be thrown out. At least I hope so. With any amount of common sense, the Judge willl not even hear the case.

[thankGod]

I think Joe Horn is in for the long haul. I think he will go to civil court, and then we will see how the Castle Doctrine plays out.

[nitrogen]

I thought the castle doctrine not only had a means to dismiss a civil suit, but also awarded court costs to the defendant?

if so, Mr. Horn shouldn't be out much in the long run.

[Liko81]

I thought the castle doctrine not only had a means to dismiss a civil suit, but also awarded court costs to the defendant?

if so, Mr. Horn shouldn't be out much in the long run.

TxCPRC Chapter 87 confers immunity to the defendant in a civil suit relating to actions justified under TxPC Chapter 9. Persons immune from civil suit can counter-sue for court costs, but unless the criminals were convicted of a crime relating to their actions that night (they're dead; good luck on that), the law does not specifically award damages for such costs to the defendant (that's Chapter 86, not 87). The judge can choose to order same anyway, but it's not a guarantee.

However, "a grand jury no-billed him" does not necessarily mean he was justified. A grand jury looks at the accusation and the evidence and decides if there is enough evidence to waste the court's time prosecuting it. The accusation is on trial there, and the prosecutor's job is to defend that accusation. In Horn's case, the GJ decided it was not worth a trial, and no-billed. The reasons that happened are varied and do not necessarily include Horn's justification under Chapter 9. Thus, unless the GJ somehow gives evidence to that fact, it must be proven in civil court.

I do not think it will make it to trial. Pre-trial hearings will undoubtedly include a motion for summary dismissal, and the question of his justification will be decided there.

[billfromtx]

If the family of the deceased 2 piles of garbage can sue Mr. Horn for stopping them from commiting a Felony and protecting his life, The State of Texas should be able to Sue their parents for raising felonious trash, commiting major crimes in our beloved state...fairs fair.
Give me a break!
Getting dead is an occupational Hazrd of being a criminal!

[tboesche]

If the family of the deceased 2 piles of garbage can sue Mr. Horn for stopping them from commiting a Felony and protecting his life, The State of Texas should be able to Sue their parents for raising felonious trash, commiting major crimes in our beloved state...fairs fair.
Give me a break!
Getting dead is an occupational Hazrd of being a criminal!

[Donaldb]

Maybe we should all go to their neighborhood and protest

donald