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Since the 9/1/07 effective date of the "Castle Doctrine" Bill, people who are justified in using force under Texas Penal Code Chp. 9 are immune from civil liability. This does not mean you cannot be sued, but it means you will win. Your attorney would probably file something called a motion for summary judgment asking the court to throw the case out of court and asking the court to award you all attorney fees and other costs of defense. The court may or may not grant the award of attorney fees, but the more frivolous the suit, the better the chance of getting an award. Whether or not you can ultimately collect it is another question.
Some people would like to see the law changed to prevent the suit from even being filed, but that would be unconstitutional. You cannot deny a citizen access to Texas courts.
I too have heard it said that people in some states that are less "friendly" to the concept of self-defense have chosen not to carry, because of fears of a law suit. I've never understood that philosophy which in essence is saying, "it would be better to die than to get sued."
Chas.
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- by Charles L. Cotton
- Sun Feb 22, 2009 9:32 am
- Forum: General Texas CHL Discussion
- Topic: Civil lawsuits
- Replies: 11
- Views: 1505
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• Page 1 of 1
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