Individual Civil Immunity

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o b juan
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Individual Civil Immunity

#1

Post by o b juan »

Just going thru and marking my book (dated March 2016)

And cannot seem to find it.

It had a super heading in the last book..
Anyone know what page it is on? :oops: :oops:
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WildBill
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Re: Individual Civil Immunity

#2

Post by WildBill »

Page 56 in the old book. Civil Practices and Remedies Code
Page 66 in the new book
Last edited by WildBill on Tue Apr 12, 2016 9:52 am, edited 1 time in total.
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ELB
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Re: Individual Civil Immunity

#3

Post by ELB »

If you are talking about the DPS pamphlet Texas License To Carry Handgun Laws 2015-2016 it's on page 66, at the top:
CIVIL PRACTICE AND REMEDIES CODE
CPRC §83.001. CIVIL IMMUNITY. Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.
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Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. Sept. 1, 2007.
USAF 1982-2005
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o b juan
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Re: Individual Civil Immunity

#4

Post by o b juan »

Thanks wildbill & ELB

I bet I looked at that at least 3 times and Did not see it :banghead:

again thanks O B Juan
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rob777
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Re: Individual Civil Immunity

#5

Post by rob777 »

So how does CPRC 83.001 play with (or against) PC 9.06?

PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
"Rescue the weak and the needy; deliver them from the hand of the wicked.”
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TangoX-ray
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Re: Individual Civil Immunity

#6

Post by TangoX-ray »

rob777 wrote:So how does CPRC 83.001 play with (or against) PC 9.06?

PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
(IANAL) They are still able file a civil suit, but you cannot be found civilly liable for actions that are deemed legally justified in a criminal court under PC 9.
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WildBill
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Re: Individual Civil Immunity

#7

Post by WildBill »

TangoX-ray wrote:
rob777 wrote:So how does CPRC 83.001 play with (or against) PC 9.06?

PC §9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
(IANAL) They are still able file a civil suit, but you cannot be found civilly liable for actions that are deemed legally justified in a criminal court under PC 9.
:iagree: Any law that barred a citizen's access to the courts would be unconstitutional.
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switch
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Re: Individual Civil Immunity

#8

Post by switch »

Exempt from damages for death or injuries, it says nothing about property damages. You might have to buy him a new shirt since you put a hole in his old one. :)
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Javier730
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Re: Individual Civil Immunity

#9

Post by Javier730 »

switch wrote:Exempt from damages for death or injuries, it says nothing about property damages. You might have to buy him a new shirt since you put a hole in his old one. :)
One that says, "GAME OVER." :lol:
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crazy2medic
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Re: Individual Civil Immunity

#10

Post by crazy2medic »

Or one that says "DOH"
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker
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Re: Individual Civil Immunity

#11

Post by Pawpaw »

Or one that says, "I fought the gun and the gun won."
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

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Re: Individual Civil Immunity

#12

Post by bkj »

You are immune from liabilities not from the civil suit. If you loss you do not have to pay. But it will be the civil court judge that will decide if you get the immunity.
"When seconds count the police are minutes away" Nikki Goeser

“Good intentions will always be pleaded for every assumption of authority…They promise to be good masters, but they mean to be masters.” Noah Webster
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Re: Individual Civil Immunity

#13

Post by ScottDLS »

Though one can't be prevented from bringing the civil suit, doesn't the law strongly push towards a summary dismissal before trial? In other words, the plaintiff brings the suit, then the judge dismisses it at a preliminary hearing based on the outcome of the criminal grand jury or trial... :confused5
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: Individual Civil Immunity

#14

Post by jmorris »

Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
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