I have also read that in TX if a Grand Jury determines that a homicide case is self-defense, the deceased perp’s relatives can’t file a wrongful death civil suit against the shooter. Is this true?
I do not know if that is the law in Texas. Perhaps someone on the forum can clarify the matter.
I have also read that in TX if a Grand Jury determines that a homicide case is self-defense, the deceased perps relatives cant file a wrongful death civil suit against the shooter. Is this true?I don't know any of the updated laws... but I DO know that one of the reasons I got out of LE and changed careers was, back then, if you shot and killed or maimed a person (criminal in the act) that was armed and dangerous (meaning that an innocent or an LE), being hurt or killed, the family of the criminal could take the LE(me or another participating LE involved) to civil court and drain your paycheck for the rest of your life. (and THAT was in Texas)
This is correct: http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.83.htm
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.
This was added in 2007. There was a similar provision before that (which is still in effect), but it requires a conviction: http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.86.htm
Sec. 86.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED. (a) A claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the felony or misdemeanor if the injury would not have been sustained but for the commission of the felony or misdemeanor.
This provision of law also has prohibitions against derivative claims by family members and also assesses any cost of defense against the claimant.