Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: marktwain

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?


11 posted on 05/07/2009 5:42:43 AM PDT by gieriscm (07 FFL / 02 SOT - www.extremefirepower.com)
[ Post Reply | Private Reply | To 10 | View Replies ]


To: gieriscm

I do not know if that is the law in Texas. Perhaps someone on the forum can clarify the matter.


12 posted on 05/07/2009 5:46:45 AM PDT by marktwain
[ Post Reply | Private Reply | To 11 | View Replies ]

To: gieriscm
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 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)
15 posted on 05/07/2009 5:52:59 AM PDT by Bikkuri
[ Post Reply | Private Reply | To 11 | View Replies ]

To: gieriscm
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?

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.

16 posted on 05/07/2009 7:55:44 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good guy with a gun.)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson