Legal Defense?

[txinvestigator]

Wait, what? I'm confused. That sounds like you contradicted yourself. If your shooting was justified, then are you immune from civil liability or not? IANAL, but "immune from civil liability" sounds to me like they cant sue you in civil court, of if they do get the suit filed, the Judge has to throw it out... (cause you are immune).

Here is the law;

CIVIL PRACTICE AND REMEDIES CODE


TITLE 4. LIABILITY IN TORT


CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON



Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, 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.

Who is a defendant in a civil case? It is one who has been sued. Under this law, who determines if the injury or death was justified under chapter 9? The civil court will.

It is not immunity from suit, it is immunity from liability IF the court determines you were justified. Liability means having to pay.

Does the law state that if a grand jury no bills you you cannot be sued, or if a trial court finds you not guilty that you cannot be sued? No, it does not.

You can still be sued.

 

[Texas1911]

Wait, what? I'm confused. That sounds like you contradicted yourself. If your shooting was justified, then are you immune from civil liability or not? IANAL, but "immune from civil liability" sounds to me like they cant sue you in civil court, of if they do get the suit filed, the Judge has to throw it out... (cause you are immune).

They can sue you, and you'll have to pay a lawyer, or show up yourself, to prove to the judge that you have immunity. I would immediately counter-sue the family for emotional harm / stress, court fees, travel fees, etc. as they have no immunity. If you are going to pull chicken shit moves on me, I'm going to hit below the belt.