Re: Penal Code Help Please
Posted: Tue Sep 20, 2011 11:10 am
Being sued in civil court for a "righteous" shooting was rare in Texas prior to passage of our version of the "Castle Doctrine" bill, and it is even more rare now. LEO's face a different situation since they can be sued under federal law (ยง1983).
Initially, there was much confusion about the civil liability provisions of the SB378. Many people thought someone justifiably using deadly force couldn't be sued, but such a law would violate the Texas Constitution. SB378 granted immunity from civil liability to anyone who justifiably uses deadly force under Chp. 9 of the Texas Penal Code. By referencing Chp. 9 of the Penal Code in the Civil Practices & Remedies Code, it makes a grand jury "no bill" strong evidence in a civil court and should support a defendant's Motion for Summary Judgment (i.e. asking the court to dismiss the case because Plaintiff can't win). Normally, an acquittal in criminal court doesn't prevent a civil suit because the burden of proof in civil courts is easier to meet than in criminal court. However, by direct reference to Chp. 9, results from criminal court or a grand jury are relevant. (An acquittal should be a hands-down winner with an honest judge.)
I'm not saying you can't be sued, or that you won't spend some money defending the case. I am saying that you will very likely win early in the case by the court granting a summary judgement in your favor and awarding all defense costs against the plaintiff. Also, contrary to the belief held by many, plaintiff lawyers aren't interested in putting time and money into a case they know they can't win and have no chance of settling prior to trial. The only real exceptions deal with politically motivated suits and you don't often see those filed against private citizens based upon "righteous" shootings.
Chas.
Initially, there was much confusion about the civil liability provisions of the SB378. Many people thought someone justifiably using deadly force couldn't be sued, but such a law would violate the Texas Constitution. SB378 granted immunity from civil liability to anyone who justifiably uses deadly force under Chp. 9 of the Texas Penal Code. By referencing Chp. 9 of the Penal Code in the Civil Practices & Remedies Code, it makes a grand jury "no bill" strong evidence in a civil court and should support a defendant's Motion for Summary Judgment (i.e. asking the court to dismiss the case because Plaintiff can't win). Normally, an acquittal in criminal court doesn't prevent a civil suit because the burden of proof in civil courts is easier to meet than in criminal court. However, by direct reference to Chp. 9, results from criminal court or a grand jury are relevant. (An acquittal should be a hands-down winner with an honest judge.)
I'm not saying you can't be sued, or that you won't spend some money defending the case. I am saying that you will very likely win early in the case by the court granting a summary judgement in your favor and awarding all defense costs against the plaintiff. Also, contrary to the belief held by many, plaintiff lawyers aren't interested in putting time and money into a case they know they can't win and have no chance of settling prior to trial. The only real exceptions deal with politically motivated suits and you don't often see those filed against private citizens based upon "righteous" shootings.
Chas.