Civil Immunity and charges

[wjh2657]

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?

[Fallguy]

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.

[vontar]

Welcome to our justice system, anyone can sue anyone for anything.

I probably don't even qualify as armchair general.

Some good info here, under Deadly force and civil law

http://www.lesjones.com/2003/09/23/tennessee-handgun-carry-permits-part-i/

[aquaman67]

Hopefully it would help to prevent any half-decent lawyer from pursuing a civil case in the first place.

This isn't the case I was thinking of, but you get the idea...

Accused Burglar Sues Homeowner Who Shot Him

[E4 No More]

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.

[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.

[E4 No More]

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.

[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.