Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

hack89

(39,181 posts)
11. Florida law does exactly that when it comes to self defense cases
Fri Jul 12, 2013, 01:44 PM
Jul 2013
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.


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html

Recommendations

0 members have recommended this reply (displayed in chronological order):

I doubt it. That wouldn't happen until a criminal case is over. glowing Jul 2013 #1
Actually it can happen anytime. No need to wait. The verdict Lex Jul 2013 #4
You can use a conviction as evidence in the civil case I think. MidwestTransplant Jul 2013 #36
I read somewhere here that if he is found Not guilty because of stand your ground and self-defense hrmjustin Jul 2013 #2
No, the law cannot take away his parents right to sue in civil court. nt Lex Jul 2013 #3
I certainly hope so. hrmjustin Jul 2013 #6
Florida law does exactly that when it comes to self defense cases hack89 Jul 2013 #11
I have read that statute several times.... BronxBoy Jul 2013 #15
A law suit is a civil action hack89 Jul 2013 #19
OK.... BronxBoy Jul 2013 #23
Perhaps to deter SLAPP suits? hack89 Jul 2013 #25
Thanks n/t BronxBoy Jul 2013 #32
It does in Texas oldhippie Jul 2013 #26
That is true - here is the appropriate Florida statute hack89 Jul 2013 #13
Ah, so the recourse is against the HOA then. nt Lex Jul 2013 #27
They have already settled with the HOA for a million dollars. nt LaydeeBug Jul 2013 #28
The HOA was sued and have settled already hack89 Jul 2013 #30
This is not a "Stand Your Ground" case. Although the defense originally planned to defend 1monster Jul 2013 #17
I hope he is found guilty and they sue his butt off. hrmjustin Jul 2013 #20
I believe it's in the works Just Saying Jul 2013 #5
I've never heard of a state circumventing a plaintiff's right Lex Jul 2013 #8
I honestly have no idea if it's true. Just Saying Jul 2013 #16
There is similiar language in other states as well Lurks Often Jul 2013 #18
This message was self-deleted by its author Lex Jul 2013 #24
The arrest alone makes civil suits against Zimmerman and the HOA possible GiaGiovanni Jul 2013 #7
Good. The HOA would have the deep pockets anyway. Lex Jul 2013 #9
The HOA already settled Blackford Jul 2013 #10
No kidding. GiaGiovanni Jul 2013 #29
Yep, reported by Huff Post Blackford Jul 2013 #31
Thanks. GiaGiovanni Jul 2013 #34
Not really. The agreement is mostly confidential. n/t Blackford Jul 2013 #38
Message auto-removed Name removed Jul 2013 #12
If acquited he is immune from civil suits in accordance with Florida law. nt hack89 Jul 2013 #14
Message auto-removed Name removed Jul 2013 #21
No - it is for any justifable use force including defense of self, home or another person. hack89 Jul 2013 #22
Message auto-removed Name removed Jul 2013 #33
Defense of self, home and others. nt hack89 Jul 2013 #45
Message auto-removed Name removed Jul 2013 #35
That clears things up quite a bit..... BronxBoy Jul 2013 #41
I still don't get this... BronxBoy Jul 2013 #39
Zimmerman had to face the criminal trial because he waived the pretrial hearing on immunity. PoliticAverse Jul 2013 #42
Message auto-removed Name removed Jul 2013 #43
Thank you... BronxBoy Jul 2013 #44
The Martin family is planning on filing a civil claim againt Zimmerman at a later point, see below Tx4obama Jul 2013 #37
They are more likely to sue the police for letting Zimmerman go... Spitfire of ATJ Jul 2013 #40
Latest Discussions»General Discussion»Have Trayvon Martin's par...»Reply #11