Comment

Keith Jarrett Trio: When I Fall in Love

167
Dark_Falcon3/29/2012 10:37:36 pm PDT

re: #165 Targetpractice

SYG doesn’t. If charges are dropped or you’re acquitted, the city is on the line for all your legal expenses, lost wages, and any other expenses incurred in the defense against the charges. Add on the lawsuit for “wrongful imprisonment” and it starts to get costly for the city.

I believe you are reading that section wrong. The relevant section:

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 attorney’s 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).

(Bolding mine)

What that means is that if you shoot someone and are sued for having done so, if you are found to be immune from prosecution you are entitled to recover the costs of defending yourself against the suit. I do not believe that section can be read support a person found “Not Guilty by Reason of Self Defense” suing the city for having tried him, unless he or she could show the city acted in bad faith