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Individual Civil Immunity
Posted: Tue Apr 12, 2016 9:29 am
by o b juan
Just going thru and marking my book (dated March 2016)
And cannot seem to find it.
It had a super heading in the last book..
Anyone know what page it is on?
Re: Individual Civil Immunity
Posted: Tue Apr 12, 2016 9:48 am
by WildBill
Page 56 in the old book. Civil Practices and Remedies Code
Page 66 in the new book
Re: Individual Civil Immunity
Posted: Tue Apr 12, 2016 9:49 am
by ELB
If you are talking about the DPS pamphlet
Texas License To Carry Handgun Laws 2015-2016 it's on page 66, at the top:
CIVIL PRACTICE AND REMEDIES CODE
CPRC §83.001. CIVIL IMMUNITY. Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.
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Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. Sept. 1, 2007.
Re: Individual Civil Immunity
Posted: Tue Apr 12, 2016 8:43 pm
by o b juan
Thanks wildbill & ELB
I bet I looked at that at least 3 times and Did not see it
again thanks O B Juan
Re: Individual Civil Immunity
Posted: Wed Apr 13, 2016 11:46 am
by rob777
So how does CPRC 83.001 play with (or against) PC 9.06?
PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Re: Individual Civil Immunity
Posted: Wed Apr 13, 2016 12:45 pm
by TangoX-ray
rob777 wrote:So how does CPRC 83.001 play with (or against) PC 9.06?
PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
(
IANAL) They are still able file a civil suit, but you cannot be found civilly liable for actions that are deemed legally justified in a criminal court under PC 9.
Re: Individual Civil Immunity
Posted: Wed Apr 13, 2016 2:15 pm
by WildBill
TangoX-ray wrote:rob777 wrote:So how does CPRC 83.001 play with (or against) PC 9.06?
PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
(
IANAL) They are still able file a civil suit, but you cannot be found civilly liable for actions that are deemed legally justified in a criminal court under PC 9.
Any law that barred a citizen's access to the courts would be unconstitutional.
Re: Individual Civil Immunity
Posted: Sat Apr 30, 2016 7:58 am
by switch
Exempt from damages for death or injuries, it says nothing about property damages. You might have to buy him a new shirt since you put a hole in his old one. :)
Re: Individual Civil Immunity
Posted: Sat Apr 30, 2016 8:07 am
by Javier730
switch wrote:Exempt from damages for death or injuries, it says nothing about property damages. You might have to buy him a new shirt since you put a hole in his old one. :)
One that says, "GAME OVER."
Re: Individual Civil Immunity
Posted: Sat Apr 30, 2016 9:11 am
by crazy2medic
Or one that says "DOH"
Re: Individual Civil Immunity
Posted: Sat Apr 30, 2016 9:48 am
by Pawpaw
Or one that says, "I fought the gun and the gun won."
Re: Individual Civil Immunity
Posted: Fri May 27, 2016 9:00 pm
by bkj
You are immune from liabilities not from the civil suit. If you loss you do not have to pay. But it will be the civil court judge that will decide if you get the immunity.
Re: Individual Civil Immunity
Posted: Fri May 27, 2016 9:31 pm
by ScottDLS
Though one can't be prevented from bringing the civil suit, doesn't the law strongly push towards a summary dismissal before trial? In other words, the plaintiff brings the suit, then the judge dismisses it at a preliminary hearing based on the outcome of the criminal grand jury or trial...
Re: Individual Civil Immunity
Posted: Sat May 28, 2016 7:51 am
by jmorris