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Any civil case against Zimmerman could get very expensive for the plaintiff
bob-owens.com ^ | July 15, 2013 | Bob

Posted on 07/16/2013 2:44:31 AM PDT by grundle

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Interesting: Any civil case against Zimmerman could get very expensive for the plaintiff

Written By: Bob

- Jul• 15•13

The Crump-Jackson-Martin Lynch Mob may run a high risk of losing their proverbial “bloody shirt” if they attempt to sue George Zimmerman in civil court. According to Florida Statutes on Justifiable Use of Force, going after Zimmerman and failing could see them stuck with a sizable bill:

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.

In plain English, if they bring a civil case against Zimmerman and the judge deems he has immunity, then the lynch mob shall pay for all of Zimmerman’s court costs, “reasonable attorney’s fees” (Mark O’Mara is $400 an hour, Don West probably isn’t far behind), and whatever other monies the court deems warranted probably in the thousands of dollars.

We already know that a federal civil rights case is relatively unlikely since the FBI already cleared Zimmerman of the possibility of hate crimes charges, and so if this statute keeps the lynch mob at bay, then Zimmerman might only have offensive civil suits going forward against NBC News and others who slandered him.



TOPICS: Miscellaneous
KEYWORDS: georgezimmerman

1 posted on 07/16/2013 2:44:32 AM PDT by grundle
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To: grundle

When the State is the plaintiff it gets expense for us.


2 posted on 07/16/2013 2:46:07 AM PDT by Fzob (In matters of style, swim with the current; in matters of principle, stand like a rock. Jefferson)
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To: grundle

Interesting indeed. Thanks for posting.


3 posted on 07/16/2013 2:46:33 AM PDT by expat1000
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To: grundle; Liz

Heard it on the radio - when Zimmerman wins, he can then sue for all legal fees and court costs to be reimbursed.


4 posted on 07/16/2013 2:49:40 AM PDT by Libloather (The epitome of civility.)
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To: Fzob
When the State is the plaintiff it gets expense for us.

What's expensive is having a state willing to be the plaintiff in the first place. Such a state should be overthrown, constitutionally or militarily (there is no reason the US shouldn't go the route of the USSR if it ceases to be useful to its citizens).

5 posted on 07/16/2013 2:56:29 AM PDT by cynwoody
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To: cynwoody

Last I looked, advocating the violent overthrow of the United States Government is a crime.


6 posted on 07/16/2013 3:03:45 AM PDT by Lonesome in Massachussets (Doing the same thing and expecting different results is called software engineering.)
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To: Lonesome in Massachussets

“The Tree of Liberty must be refreshed, from time to time, with the blood of patriots and tyrants. . .”

Thomas Jefferson.

And anyway those “rights” of ours are void where prohibited by Law. . .


7 posted on 07/16/2013 3:08:27 AM PDT by Salgak (http://catalogoftehburningstoopid.blogspot.com 100% all-natural snark !)
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To: Lonesome in Massachussets
Last I looked, advocating the violent overthrow of the United States Government is a crime.

Who said anything about violence?


8 posted on 07/16/2013 3:11:01 AM PDT by cynwoody
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To: cynwoody

I think it’s more or less implicit in the adverb “militarily”. I know people who came from countries where the military chooses the president. From accounts available to me, it sux.


9 posted on 07/16/2013 3:16:51 AM PDT by Lonesome in Massachussets (Doing the same thing and expecting different results is called software engineering.)
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To: Lonesome in Massachussets

No, it is not a crime.

It can keep you from government employment, or from a security clearance; but it isn’t criminal.


10 posted on 07/16/2013 3:18:54 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: All
This is just a suggestion (/snix) ....but maybe Obama's "Foundation" could pay for it.

REFERENCE----THE OBAMA ADMINISTRATION JUST APPROVED $50 MILLION DOLLARS IN (cough) FOREIGN AID TO KENYA. The tax-exempt “charity” named in honor of their Dad, is run by President Barack Obama’s half-brother Malik.

The tax-exempt Obama foundation, fast-tracked by disgraced IRS honcho Lois (I'll Take The Fifth) Lerner for tax-exempt status, is based at a Virginia UPS store, according to its website. The organization’s IRS filings list another Virginia address that is actually a drug rehab center where the foundation does not appear ever to have been based.

As first reported by The Daily Caller, the foundation was speedily approved for IRS exemption by Lois Lerner, the self-same IRS senior official at the center of the targeting of conservative organizations that have waited over two years to receive tax exempt status. The IRS thoughtfully gave Obama Foundation retroactive fund-raising status.......which it stupidly never applied for....perhaps b/c US taxpayers were unknowingly funding its activities.

The Obama Foundation's guiding principle is “the inherent belief that no one can truly enjoy the riches he has reaped if his neighbor suffers ....."We seek to elevate the human condition so that everyone can live in dignity and truly enjoy having one another as neighbors.”

(same old, same old sap-happy do-goodniks)

Despite raising more than $250,000, the alleged charity doesn’t seem to have done much. Its website claims the organization has built a madrassa and was building an imam’s house as well as some “proposed latrines,” but there is no other evidence that the nonprofit was working to “mitigate social-shortcomings in areas of education and literacy, health and well-being, poverty, and lack of community infrastructure in such basic needs such as water, electricity, shelter and sustenance,” as the site says.

Alton Ray Baysden, a former Dept of State employee, allegedly a registered Republican, who helped start the Barack H Obama foundation, declined to comment before seeing copies of a reporter’s passport and govt ID, along with a description of the article’s “motivation” and “slant.”

Repeated reporters' phone calls went to the organization’s voicemail and were not returned.

Obama’s half-brother Malik spends most of his time in Kenya with his 12 wives.

Malik holds up photo of Obama in Muslim dress
taken on a trip to Kenya when Ohaha was about 23-24 y/o.

11 posted on 07/16/2013 3:19:32 AM PDT by Liz
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To: Lonesome in Massachussets
I know people who came from countries where the military chooses the president.

Admittedly, a military coup is a roll of the dice. But, given a choice in 2013, would you rather live in Chile or Argentina?


12 posted on 07/16/2013 3:24:28 AM PDT by cynwoody
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To: clee1
No, it is not a crime.

It can keep you from government employment, or from a security clearance; but it isn’t criminal.

Are you a lawyer, or do you just play one on the internet?

18 USC § 2385 - Advocating overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.


13 posted on 07/16/2013 3:33:38 AM PDT by Yo-Yo
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To: grundle

Would that also apply if Zimmerman sues NBC and loses?


14 posted on 07/16/2013 3:34:59 AM PDT by 0.E.O
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To: grundle
The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Does this even apply in Zimmerman's case? How can the court find that the defendant is immune from prosecution when the defendant was already prosecuted? The fact that he was found innocent doesn't change that.

15 posted on 07/16/2013 3:37:52 AM PDT by 0.E.O
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To: Yo-Yo
The Constitution provides that

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The eventuality of Barack Obama / Eric Holder subverting the above in the Zimmerman case is worth Dissolution!

16 posted on 07/16/2013 3:40:17 AM PDT by cynwoody
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To: 0.E.O
Does this even apply in Zimmerman's case? How can the court find that the defendant is immune from prosecution when the defendant was already prosecuted? The fact that he was found innocent doesn't change that.

Section (2) says that a case can be brought if the police/agency determine that the force used was unlawful. Which is what Corey did in order to prosecute.

This may mean that Zimmerman can even sue the state for any costs he incurred (his lawyers worked pro-bono, but the expert witnesses probably didn't) in the criminal trial.
17 posted on 07/16/2013 3:42:07 AM PDT by tanknetter
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To: cynwoody

No revolution/nor even popular uprising is ever predictable. The Communists and “progressive “ Democrats live to incite public unrest believe they can control the bloody masses they use to incite civil unrest.I agree this Administration is evil/ and corrupt— and my guns are clean and ready. I will use them against any revolutionary as readily as I would against the despotic and godless Government.An insurgency can be crushed by the military or force of arms.So I will Ignore and refuse recognize Any law made by man contrary to the Laws dictated by God ,Himself.My actions will be governed by that supreme authority that seems to have guided the American Colonists— I will bow to no King,nor Governor except King Jesus Christ.


18 posted on 07/16/2013 4:07:14 AM PDT by StonyBurk (ring)
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To: Lonesome in Massachussets
Last I looked, advocating the violent overthrow of the United States Government is a crime.

"When in the course of human events..."

19 posted on 07/16/2013 4:17:11 AM PDT by EricT. (This post has been recorded and cataloged for your security.)
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To: tanknetter

Section (2) says that police can’t arrest you without probable cause. Again, not the case in this instance. They thought they had a case and they botched it.


20 posted on 07/16/2013 4:19:14 AM PDT by 0.E.O
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To: Yo-Yo
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States

By the strictest reading of this clause, Barack 0bama and the entire Democrat Party are guilty.

21 posted on 07/16/2013 4:37:08 AM PDT by Hardastarboard (Buck Off, Bronco Bama)
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To: Yo-Yo

I just play one on the internet....

Frankly, I am shocked. On it’s face, this law violates the 1st Amendment.


22 posted on 07/16/2013 4:40:24 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Liz

Malik probably helped raise Obama. Now he’s getting pay back.


23 posted on 07/16/2013 4:49:25 AM PDT by FreedomStar3028
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To: cynwoody
(there is no reason the US shouldn't go the route of the USSR if it ceases to be useful to its citizens).

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

24 posted on 07/16/2013 4:56:49 AM PDT by fella ("As it was before Noah, so shall it be again,")
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To: FreedomStar3028

The “PLAINTIF” is using, and will be wasting more of OUR MONEY. Time to put a stop to the B/S and move on.
IT’s OVER PEOPLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Live with it!


25 posted on 07/16/2013 4:57:57 AM PDT by Progov (I'm for SMALLER , HONEST government)
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To: grundle

As soon as the Martin family runs low on it’s award from settling with the HOA, and the law firm of PC feels there will be little chance of a award from a civil suit, they will abandon the idea of justice for Trayvon as fast as Greta dispatched their eye candy pr agent yesterday evening on her show.


26 posted on 07/16/2013 7:23:35 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: EricT.

We now have elections and an amendment process.


27 posted on 07/16/2013 11:15:24 AM PDT by Lonesome in Massachussets (Doing the same thing and expecting different results is called software engineering.)
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To: Lonesome in Massachussets
We now have elections and an amendment process.

Agreed. Why overthrow a perfectly good Constitution? How would you amend the 4th amendment to read; "We really mean it this time."?

28 posted on 07/16/2013 11:22:49 AM PDT by Stentor
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To: Stentor

Elections are the key. We need to stop electing people like Elizabeth Warren, Barney Frank, Ed Markey, Ted Kennedy, Jean-Francois Carre, ... oh, wait. Sorry about that “we” stuff.


29 posted on 07/16/2013 11:25:33 AM PDT by Lonesome in Massachussets (Doing the same thing and expecting different results is called software engineering.)
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