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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]Igel
(35,439 posts)Under Florida law self-defense immunizes you against civil suits. People have been quoting the law just fine.
However, under Florida law the case has to be filed and the judge has to rule that it was self defense. So, yes, the case can be filed. Then there has to be a hearing. That seems to be the great hope of justice for Trayvon. (And people complain that the trial seemed to make it all about Trayvon.) Just as 2nd murder or manslaughter was a slam-dunk and only a racist fool could even think that the jury could find him not guilty (unless the jury is a bunch of low-information racists themselves), so we'll be feted with people convinced that the Martins will have to prevail in a civil suit if there's any justice, and that will include the self-defense hearing.
Now, the judge may well produce a finding of self defense. But since a jury has already rendered a verdict in a criminal trial that presupposes self-defense, odds are that either the judge will make the ruling almost pro-forma or that the judge's not finding self defense will be appealed and that will result in a finding of self defense. Yeah, there's a different basis of proof. There's no guarantee that this will make a difference, given what little evidence there is (where "evidence" has to be separated from "possibility" or "belief" .
Mind you, this might actually make things worse. Because if the judge finds self defense, then under Florida law GZ would be due reimbursement for reasonable expenses for lawyers, court fees, and other out-of-pocket expenses. So it may feel good to file but unless there's a good chance of getting past self defense Martin's parents may wind up paying for GZ's civil-suit defense. GZ wouldn't profit from this but that wouldn't much matter. This would trigger even more outrage at injustice, even though the Martins would have known the rules well in advance and agreed to them.