TexasCHLforum.com

This is a difficult question to pose because I don't know if I will ask it the way I intend to, but here goes.

We all know it is legal to carry concealed in a hospital if a 30.06 sign is not posted, or other legal means of notification were not followed, and you have a valid CHL. However, if that hospital tries to press charges on you claiming that you are carrying illegally, is that hospital liable for defamation or anything else? This would apply to anywhere, but I'm using hospitals as an example because of the widely accepted myth that it is illegal to carry at a hospital.

BCTTU wrote:This is a difficult question to pose because I don't know if I will ask it the way I intend to, but here goes.

We all know it is legal to carry concealed in a hospital if a 30.06 sign is not posted, or other legal means of notification were not followed, and you have a valid CHL. However, if that hospital tries to press charges on you claiming that you are carrying illegally, is that hospital liable for defamation or anything else? This would apply to anywhere, but I'm using hospitals as an example because of the widely accepted myth that it is illegal to carry at a hospital.

How would they know?

I don't know the answer to the question, but here is an example of it.

viewtopic.php?f=7&t=58991" onclick="window.open(this.href);return false;

Result: He paid money to a lawyer, refused a plea bargain offer ($100 and forfeit his Springfield).
Charges dropped at the 11th hour by a DA who had no case.

It's been said before: You can beat the rap, but you will still take the ride. And I don't see an opportunity to recover damages from anyone, at least in the case referenced. If the hospital had initiated the action, it might b different.

IANAL etc

If you have the money and the time, you can file a civil suit against anybody or entity for almost any reason.

johncanfield wrote:If you have the money and the time, you can file a civil suit against anybody or entity for almost any reason.

True enough, but in Texas it's now "Loser pays" so you had better have a strong case

BCTTU wrote:This is a difficult question to pose because I don't know if I will ask it the way I intend to, but here goes.

We all know it is legal to carry concealed in a hospital if a 30.06 sign is not posted, or other legal means of notification were not followed, and you have a valid CHL. However, if that hospital tries to press charges on you claiming that you are carrying illegally, is that hospital liable for defamation or anything else? This would apply to anywhere, but I'm using hospitals as an example because of the widely accepted myth that it is illegal to carry at a hospital.

If a private citizen or entity has you arrested for something that is not illegal, you can file suit for malicious prosecution, even if you don't go to trial. Damages attach when you are denied liberty. Your question was pretty broad as is my answer. You may or may not have a case.

Before anyone asks/suggests, I'm not soliciting the case nor would I take it.

Chas.

Charles L. Cotton wrote:If a private citizen or entity has you arrested for something that is not illegal, you can file suit for malicious prosecution, even if you don't go to trial. Damages attach when you are denied liberty.

To make a silly example to focus on the legal question, suppose I accuse somebody someone of being blonde and a cop arrests them for being blonde. Suppose they are in fact blonde. Would I have truth as a defense, similar to a libel case? Would the cop have personal liability or do sovereign impunity apply?

Generally, peace officers can arrest for an offense if it is committed in their presence, without a warrant. There are some other provisions, example under circumstances and in a place where it is reasonable to believe a felony has been committed, etc and for specific crimes, violations of protective orders etc. These are all spelled out in the Codes. "Have you arrested" usually means that someone provided specific facts to a peace officer.

Assuming the officer does not witness the crime, someone had to have done so and reported that to an officer. The facts reported must be reasonably accurate, which means you had better hope the officer writes them in his report the way you reported them. I reported the theft of a cashiers check, which had not been endorsed, to the District Attorney many years ago. The investigator wrote in the report that the check had been endorsed, a critically important circumstance. The woman who had received the check was unceremoniously arrested and hauled off to the hoosegow, strip searched etc, processed through like a common criminal, and I had to fight the subsequent malicious prosecution action. It all worked out OK eventually but was expensive, worrisome and unpleasant.