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by baldeagle
Sat Sep 04, 2010 5:37 pm
Forum: Off-Topic
Topic: Man says he killed mugger fleeing on bike in South Dallas
Replies: 65
Views: 9383

Re: Man says he killed mugger fleeing on bike in South Dalla

G26ster wrote:
PRO wrote:. Regardless of the DA, the civil case will soon come.
CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

Sec. 83.001. 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.

Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007.[/color]
I was shocked when I read this. My CHL instructor stated that you were immune from liability only when lawfully using deadly force under the castle doctrine (home, car and place of business). Other than that exception, you could be sued for the lawful use of deadly force.

Knowing that this is not true removes a huge burden from the decision to use deadly force. Now the decision can be made on the nature and seriousness of the threat and not the possible legal liability attached to the use of deadly force.

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