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echo: askacop
to: RICH GRIEBEL
from: CHARLES HUNTER
date: 1998-01-16 09:21:00
subject: Re: Home Security

-> 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.
RG>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.
Well that may be true in many cases in the sense of criminal charges.
However, I was thinking in terms of  civil liablity for wrongful death 
or injury.
RG>The Officer has been historically held to a higher standard in both the
  >criminal and civil courts.  When a Physcian commits an error, a
But the officer is also given "limited immunity" to protect him from
civil liability provided that his actions fall within certain 
guidelines.
CHARLES HUNTER
 * 1st 2.00 #9124 * A launch to the west is better than no launch at all...
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