Jump to content

Civil Immunity and charges


Recommended Posts

Help! I need some advice from legal Beagle types, not armchair Generals.

As I read the T.C.A., it states immunity from civil suit only if the shooting is found excusable or justifiable by a court of law. If so , am I reading it correctly to say that immunity is not in place if charges are not preferred and case does not go to criminal court?

Link to comment
  • Replies 7
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Good question....

I'm probably one of the armchair generals you mentioned but.....

IMO If a civil suit is filed...the ruling of justifiable self-defense would have to be made in the civil court for the immunity to apply let alone whether or not criminal charges were filed or if there was a ruling of self-defense in that court.

However if criminal charges are not filed or are and it ruled self-defense I think that would help in a civil case. Hopefully it would help to prevent any half-decent lawyer from pursuing a civil case in the first place.

Link to comment
  • 3 weeks later...
Guest Jamie
Besides the fact that we don't live in Milwaukee:

Patrick Stegall answered this question for me about a year ago, but since you want your source to be a legal beagal I suggest that you PM him directly.

Since the rest of us don't really give a damn what kind of beagle you are.... what'd he say?

J.

Link to comment
Since the rest of us don't really give a damn what kind of beagle you are.... what'd he say?

To paraphrase: He said that he'd require his entire fee up front to pursue such a useless endeavor. The law is clear, so I asked him about the law saying the court had to find it a justified shooting - which to me means a judge declaring it so - and he said that it's an officer of the court ruling, so the prosecuting attorney being an officer of the court ruling it justified is the same thing as a judge doing so: therefore, you are protected from civil suit.

It made me satisfied.

Link to comment
Guest Jamie
To paraphrase: He said that he'd require his entire fee up front to pursue such a useless endeavor. The law is clear, so I asked him about the law saying the court had to find it a justified shooting - which to me means a judge declaring it so - and he said that it's an officer of the court ruling, so the prosecuting attorney being an officer of the court ruling it justified is the same thing as a judge doing so: therefore, you are protected from civil suit.

It made me satisfied.

Works for me. And is also what I suspected.

Thanks.

J.

Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

TRADING POST NOTICE

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions.

TGO makes no claims, guarantees or assurances regarding any such transactions.

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

TNGunOwners.com (TGO) is not a lobbying organization and has no affiliation with any lobbying organizations.  Beware of scammers using the Tennessee Gun Owners name, purporting to be Pro-2A lobbying organizations!

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.