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Message
re: Qualified Immunity for Concealed Permit Holders?
Posted on 2/21/24 at 2:33 pm to Indefatigable
Posted on 2/21/24 at 2:33 pm to Indefatigable
quote:
There should be plenty of examples of that happening under current law then.
There should be. I described the procedure through which a civil defendant would have to go in resolving a civil claim against him for self defense with a firearm. You previously offered criminal statutes for justifiable homicide and suggested the laws already protect such defendants. I’m not sure why you think criminal statutes are relevant to a civil lawsuit:
quote:
RS 14:19 and 14:20 for starters. I’m sure there are more along with jurisprudence if you care to look for it. You have the right to use force in defense of your selves or others in Louisiana.
1
Posted on 2/21/24 at 3:54 pm to Jack Bauers HnK
quote:
I’m not sure why you think criminal statutes are relevant to a civil lawsuit:
Those statutes provide a presumption of reasonable behavior when the elements for justifiable homicide are met.
That presumption of reasonableness would prevent the application of comparative fault in a wrongful death type suit--considering that the negligence standard is what would be applied in any civil suit.
ETA: Ahh, credit to user Havoc for making this point for me already:
quote:
§2800.19. Limitation of liability for use of force in defense of certain crimes
A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 (self defense, non death) or 20 (Justifiable homicide) is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.
This post was edited on 2/21/24 at 3:56 pm
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