IN: Woman kills officer's attacker, now getting sued

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Oldgringo
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Re: IN: Woman kills officer's attacker, now getting sued

#46

Post by Oldgringo » Mon Jun 25, 2018 7:25 am

crazy2medic wrote:
Sun Jun 24, 2018 6:40 pm
Oldgringo wrote:
Sun Jun 24, 2018 6:16 pm
crazy2medic wrote:
Sun Jun 24, 2018 3:45 pm
Better to be judged by 12 than carried by 6!
:iagree: totally; however, in this instance the shooter was not under attack, was she?
True, but what kind of sorry society are we if nobody comes to the aid of those that hold the thin blue line!
I for one will go to an officers aid what ever the consequences!
Keep us posted. We will want to know how that works out for you, et al, in the event of....... :fire

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ELB
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Re: IN: Woman kills officer's attacker, now getting sued

#47

Post by ELB » Mon Jun 25, 2018 10:50 am

This is from one of my posts earlier in this thread, but since questions about Indiana law on liability for self-defense/defense of others have come up again:

ELB wrote:
Fri Apr 20, 2018 10:08 am

Indiana law does appear to have protection for people who defend themselves, according to the woman's lawyer:
"Where a person uses reasonable force in self-defense or the defense of a third person they cannot be held, quote, 'in any legal jeopardy whatsoever,' end quote. And any legal jeopardy whatsoever unquestionably includes civil liability or being a defendant in a civil lawsuit," said Relford.
...and he hopes to get the case dismissed early on.
http://www.wlwt.com/article/women-don-t ... c/19864383

Scuttlebutt on Indiana forum is that the family could not get a local lawyer to take the case so went to Cincinnati to find a firm that would.

Once again, the woman's GoFundMe page for legal costs is here, if you are so inclined: https://www.gofundme.com/kystie039s-best-defense

ETA: IC 35-41-3-2:
"No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary."
USAF 1982-2005
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dlh
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Re: IN: Woman kills officer's attacker, now getting sued

#48

Post by dlh » Mon Jun 25, 2018 11:24 am

Thanks ELB.

"Reasonable means necessary" language usually involves a determination by a jury. But, again, I have no knowledge of how they would resolve those issues under Indiana law. Having to try that case would be very costly.

I hope her lawyer can figure out a way to get it dismissed on summary judgment so as to avoid a trial.
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BBYC
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Re: IN: Woman kills officer's attacker, now getting sued

#49

Post by BBYC » Mon Jun 25, 2018 12:41 pm

crazy2medic wrote:
Sun Jun 24, 2018 6:40 pm
Oldgringo wrote:
Sun Jun 24, 2018 6:16 pm
crazy2medic wrote:
Sun Jun 24, 2018 3:45 pm
Better to be judged by 12 than carried by 6!
:iagree: totally; however, in this instance the shooter was not under attack, was she?
True, but what kind of sorry society are we if nobody comes to the aid of those that hold the thin blue line!
I for one will go to an officers aid what ever the consequences!
Maybe the kind where the thin blue line won't pay for the lawyer to defend the woman who saved one of their lives?
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.

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PriestTheRunner
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Re: IN: Woman kills officer's attacker, now getting sued

#50

Post by PriestTheRunner » Mon Jun 25, 2018 1:34 pm

BBYC wrote:
Mon Jun 25, 2018 12:41 pm
crazy2medic wrote:
Sun Jun 24, 2018 6:40 pm
Oldgringo wrote:
Sun Jun 24, 2018 6:16 pm
crazy2medic wrote:
Sun Jun 24, 2018 3:45 pm
Better to be judged by 12 than carried by 6!
:iagree: totally; however, in this instance the shooter was not under attack, was she?
True, but what kind of sorry society are we if nobody comes to the aid of those that hold the thin blue line!
I for one will go to an officers aid what ever the consequences!
Maybe the kind where the thin blue line won't pay for the lawyer to defend the woman who saved one of their lives?
Ya, they are named together in the suit. Not really sure why they didn't pursue the defense together....

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ELB
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Re: IN: Woman kills officer's attacker, now getting sued

#51

Post by ELB » Tue Jun 26, 2018 9:56 am

BBYC wrote:
Mon Jun 25, 2018 12:41 pm
...
Maybe the kind where the thin blue line won't pay for the lawyer to defend the woman who saved one of their lives?
The GoFundMe page for her was started by a police officer who didn't even know her.
PriestTheRunner wrote:
Mon Jun 25, 2018 1:34 pm
Ya, they are named together in the suit. Not really sure why they didn't pursue the defense together....
Because their cases are not the same, and both being defendants doesn't necessarily make them genuine allies. Their defenses might be very different. For example the DNR lawyers may argue that the DNR and the conservation officer had no input or control over the woman's decision to shoot and therefore are in no way responsible for the subject's death, and further therefore should be dropped from the case entirely (leaving the woman as the sole defendant).

Because the DNR is the deep-pockets defendant in this case, I suspect they are the real target. However, the plaintiff can't get to the DNR (especially with the conspiracy claim) except through the conservation officer and the woman who defended him*. So they sue all three, allege conspiracy and whatnot, and try to put the defendants in the position of having to settle to make the case go away. Again, one or the other of the defendants may choose to settle separately, whereupon the plaintiff's would agree to drop them from the case and focus on the surviving defendant.

*Also, I believe that in a civil case such as this one, the plaintiff can't later add, or will find it hard to add, defendants to the case, so they sue everybody even remotely connected. That's why in medical malpractice cases the lawyers go through the medical files and sue most every name they find. It's better for the plaintiff to make defendants show why they are not connected to the case upfront, rather than for the plaintiffs to have to argue later why they should be added. Maybe we have a civil lawyer who can chime in on the correctness of this.
USAF 1982-2005
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BBYC
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Re: IN: Woman kills officer's attacker, now getting sued

#52

Post by BBYC » Wed Jun 27, 2018 1:09 pm

Maybe they should countersue and claim a conspiracy to murder law enforcement officers. Make the bad guy famly show they weren't party to the plan to ambush and kill a cop.
:reddevil
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.

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Deltaboy
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Re: IN: Woman kills officer's attacker, now getting sued

#53

Post by Deltaboy » Sun Jul 01, 2018 2:17 pm

Prayers sent what a horrible thing to have to deal with just cause you did right! :tiphat:
I 'm just an Ole Sinner saved by Grace and Smith & Wesson.

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