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by optman09
Fri Jul 17, 2009 10:51 pm
Forum: General Texas CHL Discussion
Topic: Civil prosecution
Replies: 33
Views: 5929

Re: Civil prosecution

bdickens wrote:Close.

Civil immunity means that you will win any lawsuit brought against you by the poor scumbag's family.
Doesn't someone have to say that the force was justified before immunity. My reasoning was that it would be the civil court judge. The family could sue and lose after the judge found that the shooting was justified. But the family could sue and win if the judge found that the shooting was not justified. Obviously IANAL and it's likely that I am completely wrong. Educate me please :headscratch
by optman09
Fri Jul 17, 2009 6:14 pm
Forum: General Texas CHL Discussion
Topic: Civil prosecution
Replies: 33
Views: 5929

Re: Civil prosecution

ClVlL 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

My take on the civil immunity clause. IANAL

If you used deadly force against someone the family can sue you in civil court and one of you must prove in civil court whether or not it was justified under Chapter 9 of the penal code. If it is found that you were justified you will have immunity. I don't think being no-billed or being found justified in criminal court will prohibit you from being sued, but it may help your civil case I guess. I don't think there have been any cases so I suppose every opinion has some merit.

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