-> 
MSGID: 1:273/408@fidonet.org ffe9c5cf
-> RG>Actually in my discussion of the subject with the local 
-> Prosecutor, an avera   >citizen, protecting his/her self from grave 
-> bodily harm, is pretty much immu   >from prosecution if a stray 
-> bullet strikes a bystander.  She had a case   >reference from the 
-> USSC, but I don't remember, since the actual subject   >revolved 
-> around a Commissioned Police Officer.
-> Well, I think the specific circumstances would be controlling.  The
-> key element to recovering against such a person would be that of
-> negligence for which the citizen does not have any type of immunity
-> such as the limited immunity a commissioned Police Officer would have.
Historically the courts have ruled in the other direction. The
citizen who "accidently" injures or kills a bystander defending
themselves have been either found not guilty of a crime, or not tried
for one at all.  
The Officer has been historically held to a higher standard in both the
criminal and civil courts.  When a Physcian commits an error, a
Plumber botches a job, when they or any other person the courts
consider an "expert" in their field screws up, they are held to a higher
standard.
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