O/T: Protection

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wrote:

But not all?

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LDosser wrote:

No, not all.
Wikipedia has a list of states by type of self-defense law at http://en.wikipedia.org/wiki/Castle_Doctrine, with links to such of the actual statutes as are available online. As always with wikipedia, check other sources, and as always with matters which may land you in jail, talk to a lawyer experienced in your jurisdiction before acting.

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J. Clarke wrote:

The asshole, in thought and deed, who brought you to the dilemma in the first place ...
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LDosser wrote:

Absolutely not true for all states. In some states the version of "Castle Doctrine" in place prohibits civil suits for wrongful death or injury.
If you would provide your home state (instead of posting via an anonymizer), I can tell you whether immunity from civil liability is active where you live.
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HeyBub wrote:

Only if there is finding of self-defense. He quite rightly points out that if the matter is never adjudicated then one is open to civil suits.
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Didn't realize I was anonomyzed - Oregon.
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On Tue, 22 Dec 2009 02:54:45 -0800, the infamous "LDosser"

Hello, fellow Webfoot! (LJ, from Grass Pants, OR)
-- REMEMBER: The sooner you fall behind, the more time you'll have to catch up!
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Beaverton!
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On Tue, 22 Dec 2009 14:29:31 -0800, the infamous "LDosser"

Way up there. When I moved up from CA, I went from 50 miles north of the Mexican border to 50 miles north of the California border (_exactly_ one state), so I'm still a Southerner, I guess.
-- REMEMBER: The sooner you fall behind, the more time you'll have to catch up!
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scrawled the following:

Say it ain't so! Which wave?

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On Wed, 23 Dec 2009 21:19:20 -0800, the infamous "LDosser"

Nope, not on a wave.
I gave up surfing at the ripe old age of 13, when I took up skimboarding. Longest nonstop run was ~1.5 miles, the length of the South Carlsbad State Beach Campgrounds (Palomar Airport Road to Avenida Encinas.) The beach had a lip on it so 1/4-1/2" of water stayed on top while the rest of the wave receded. I'd skim 100', kick it out, run to catch up, and continue on 'til the next inlet stopped me. I was in great physical shape back then. Indestructible.
I gave up surfing because of a feeling of dread which came over me while I was out at Swami's (the beach below the Self Realization Fellowship). Death was stalking me and I took the next wave in on my stomach, non-stop. IIRC, headlines said that a great white shark was spotted in the area within the next day or two. (I've always trusted my intuition.) They're rarely spotted in LoCal, but every decade or so, they munch someone there.
-- REMEMBER: The sooner you fall behind, the more time you'll have to catch up!
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scrawled the following:

Yeah, but was it the 1972-1976 wave, or the mid 1980s that brought you here?
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On Thu, 24 Dec 2009 18:32:02 -0800, the infamous "LDosser"
We rode a Delta Turboprop somethingorother from LR to Dallas/Love Field in 1966, then from there to Lindberg in Sandy Eggo on a jet, then moved into a rental in Vista, CA.
I drove myself up here in 2002, the year after Dad died. As a person of the truly hermitical type, I wasn't one of those in the waves.
I'm at home up here in Oryguns, as 90% of the population (at least in So Or) consists of expat Californicators like myself. We're all a lot nicer up here after the decompression from sardine living in the Sun Belt, er, Western Banana Belt. Luckily, that little taste of home, the Hass avocado, is imported to this state at fairly low cost.
Are you a native or an import like me? I think I've met 3 natives so far, after 7 whole years (8 on Feb 14, 2010.)
-- REMEMBER: The sooner you fall behind, the more time you'll have to catch up!
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scrawled the following:

I imported myself in 1970. My son and his wife are natives.
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LDosser wrote:

Okay. Oregon has a Castle law (ORS 161.209-229). It permits the use of deadly force in a number of situations. While the law doesn't say so, the Oregon Supreme Court has found that there is no duty to retreat. That said, Oregon does not apparently have an exemption from liability for a righteous shoot.
An example of exemption from liability is the Texas law:
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A defendant who uses force or deadly force that is justified under Chapter 9 [Section 9.32], 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.
Many other states have something similar.
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HeyBub wrote:

Note those words: "Affirmative defense". It doesn't mean that you can't be sued. It means that if you can prove self-defense you will be absolved of liability--you'll still be out legal fees and court costs and lost time.
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J. Clarke wrote:

No. Our courts have held that "Titles" are not law, only the text of the statute counts.
But, arguendo, assuming "affirmative defense" was part of the law, no plaintiff attorney would take the case, knowing he would lose simply by the filing of a motion to dismiss.
But, you're right. Anybody can be sued for almost anything, assuming the plaintiff meets several thresholds (venue, standing, dollar amount of damages, etc.).
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HeyBub wrote:

Believe what you want to. An affirmative defense requires a trial.

Why would he lose by the filing of a motion to dismiss? A motion to dismiss does not convince the court that the use of deadly force was justified under Chapter 9 of the Penal Code. That's what trials are for.

And they can lose.
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And Oregon should ...
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Guess again. If the person you shoot has a family, you are still on the hook. You'll be putting his kids through college after you buy them a nice home to live in.
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