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In reply to the discussion: Trayvon Martin Family Lawyer Doesn't Rule Out Civil Action Against Zimmerman (Family in Disbelief) [View all]Lasher
(27,689 posts)52. The law enforcement exception would apply to Trayvon, not Zimmerman
That is to say, Zimmerman would not be immune to civil action at this point if Trayvon had been a law enforcement officer.
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 attorneys 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
(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 attorneys 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
This is the civil action immunity section of Florida's Castle Doctrine law, which is referenced above as S. 776.013. 776.012 is the 'stand your ground' provision.
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Trayvon Martin Family Lawyer Doesn't Rule Out Civil Action Against Zimmerman (Family in Disbelief) [View all]
Hissyspit
Jul 2013
OP
Mark O'Mara: If George Zimmerman Were Black 'He Never Would've Been Charged With A Crime'
Hissyspit
Jul 2013
#14
Actually it's the other way around. If Martin were white and Zimmerman were black
totodeinhere
Jul 2013
#46
IF GZ were black he would have been charged with and convicted of Murder One.
kestrel91316
Jul 2013
#82
But his role is not over. He will be participating in the Judge's hearing against the State's
24601
Jul 2013
#33
I hope the tables turns on O'Mara and gets a sanction and a disbarment proceedings
Mr. David
Jul 2013
#79
There has not been anything on the news about him, or any member of the defense, being the
24601
Jul 2013
#81
Right. If they can't put him in jail but can only get his assets, what's to get?
thesquanderer
Jul 2013
#44
Book deals, movie rights, speaking tours, TV interviews and appearances...
displacedtexan
Jul 2013
#45
What is your source that it was an all-white Jury? 20% of the Jury was non white. From
24601
Jul 2013
#36
In the context you posted, unsure what you meant by JFC, but if it's Jesus F*ing Christ,
24601
Jul 2013
#80
Hi and welcome to DU. Just an FYI, posting from a reputable source is permitted, yet the
Jefferson23
Jul 2013
#71
He said he was a returning member and it was brought to the attention of the admins and they
hrmjustin
Jul 2013
#92
Take away all his donations. That fat bastard should not profit from this atrocity.
MjolnirTime
Jul 2013
#51
Nancy Grace said he is pulling in $30,000/month on his defense fund....sick!
Red State Rebel
Jul 2013
#97