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Civil Immunity
Posted: Wed Dec 17, 2008 4:07 pm
by gsmithers
Texas penal code Chapter 9 PC9.05
"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"
Civil Practice and Remedies code: CPRC Ch. 83. Use of deadly force in defense of a person
CPRC 83.11: 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"
I am confused, these two laws seem to contradict each other.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 4:13 pm
by Purplehood
gsmithers wrote:Texas penal code Chapter 9 PC9.05
"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"
Civil Practice and Remedies code: CPRC Ch. 83. Use of deadly force in defense of a person
CPRC 83.11: 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"
I am confused, these two laws seem to contradict each other.
I would GUESS that Ch. 83 is simply a later clarification, much like the exceptions and changes to CHL law that appear to contradict one another.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 4:16 pm
by Morgan
It's probably like the concealed handgun posting stuff.... In one paragraph it says you can't carry in a church, nursing home or amusement park...then it says you can't if they're 30.06 posted...
In this case, the first law probably existed, and Texas seems to like to add new laws rather than delete old ones... so they write the exception instead of delete the old thing. It's weird.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 4:17 pm
by Morgan
LOL...great minds think alike.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 6:26 pm
by Fangs
Odd, I was told by my instructor that if you fire your gun expect to be sued in civil court unless it was in your home.

Re: Civil Immunity
Posted: Wed Dec 17, 2008 6:38 pm
by boomerang
When did you take your class? The civil immunity is part of the "Castle Doctrine" law that passed last year.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 6:46 pm
by WildBill
Fangs wrote:Odd, I was told by my instructor that if you fire your gun expect to be sued in civil court unless it was in your home.

This is not the law, just the opinion of a pessimistic person.
boomerang wrote:When did you take your class? The civil immunity is part of the "Castle Doctrine" law that passed last year.
You still can be sued.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 7:54 pm
by Morgan
Correct... I can sue you for telling him "you can be sued."
You can be sued for ANYTHING. But some things have a far harder fight, and shooting someone in defense of self or another is pretty darn well protected in Texas.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 8:40 pm
by casingpoint
if you fire your gun expect to be sued in civil court
Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 11:01 pm
by boomerang
I'm more worried about getting hit by lightning.
Re: Civil Immunity
Posted: Wed Dec 17, 2008 11:09 pm
by Oldgringo
casingpoint wrote:if you fire your gun expect to be sued in civil court
Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.
This is what scares me far more than any fear of sleepless nights, guilty conscience or any socio/religious/moral issues raised by taking a life.
I don't figure to shoot anybody that don't need shooting - by my estimation. The shootee's relatives prompted by some shyster may claim otherwise and that scares my mule - bad.
Re: Civil Immunity
Posted: Thu Dec 18, 2008 12:15 am
by Charles L. Cotton
casingpoint wrote:if you fire your gun expect to be sued in civil court
Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.
Civil rights suits in federal court require action by a government agent.
Chas.
Re: Civil Immunity
Posted: Thu Dec 18, 2008 7:06 pm
by casingpoint
Civil rights suits in federal court require action by a government agent.
As Ed would say, "You are correct, Sir."
And then Johnny would say, " You pooch is still violated bigtime."
Re: Civil Immunity
Posted: Fri Dec 19, 2008 1:13 pm
by WarHawk-AVG
Oldgringo wrote:casingpoint wrote:if you fire your gun expect to be sued in civil court
Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.
This is what scares me far more than any fear of sleepless nights, guilty conscience or any socio/religious/moral issues raised by taking a life.
I don't figure to shoot anybody that don't need shooting - by my estimation. The shootee's relatives prompted by some shyster may claim otherwise and that scares my mule - bad.
and in this day and age..there are TONS of shyster shark lawyers just waiting for blood to hit the water!