Question about IC 35-41-3-2 Use of force

[Fargo]

Don't get me wrong. I'm all up for believing the language in the IC protects me from civil suit. I just know that I've been told by more than one attorney that anyone can be sued for anything at any time. When in doubt, refer back to that.

Oh, nothing protects you from someone filing a suit over anything against you, unless they can't afford the filing fee. There really is no way to stop someone from filing a civil complaint.

What that language in the IC does is protect you from it being successful under certain circumstances. The problem is that it does not define when or how in the process you assert that defense.

Best,

Joe

 

[Ryan281]

I can tell you that I have used letal force to protect myself and there was a civil law suit filed against me and the city. I would plan on a cicil lawsuit. Maybe this statute wasnt known by the city attorney or perhaps he did know the meaning of it and it doesn't apply to civil lawsuits.
Ryan

 

[Bill of Rights]

I can tell you that I have used letal force to protect myself and there was a civil law suit filed against me and the city. I would plan on a cicil lawsuit. Maybe this statute wasnt known by the city attorney or perhaps he did know the meaning of it and it doesn't apply to civil lawsuits.
Ryan

Wait, are you saying the city was named as defendant along with you or that the city filed the civil suit against you?

Also, what was the result of that suit, if I may ask?

Blessings,
Bill

 

[jbombelli]

Oh, nothing protects you from someone filing a suit over anything against you, unless they can't afford the filing fee. There really is no way to stop someone from filing a civil complaint.

What that language in the IC does is protect you from it being successful under certain circumstances. The problem is that it does not define when or how in the process you assert that defense.

Best,

Joe

Gotcha. Thanks. That kind of goes along with my contention that someone might have a hard time finding an attorney to take on a loser of a case without a fat upfront retainer.

 

[Ryan281]

Bill of rights,
No, the suit was fiked in behalf of the suspect that I shot against me and the City. After 3.5 years of interogatorries, depositions, etc. A federal judge ruled that I was justified in using deadly force and the case was dismissed.
What I can tell you is that it does and will happen...what I can't tell you is if attorneys know about this statute and if it is interpreted or intended to protect someone from both criminal prosecution or civil and criminal prosecution....don't know
Ryan

 

[xmanhockey7]

That said, if a shooting is justified, the shootee (or his next of kin, etc.) will probably have a very hard time finding an attorney that will take the case unless they pay him a massive retainer up front. Any attorney worth his salt would probably tell them to forget it - the case is a loser and don't waste their money because they aren't going to win in Indiana.

I disagree, all the attorneys I know say they'll represent anyone as long as they pay.