Self-Defense Bill (HB 1284) Set for Hearing on Jan. 28

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  • actaeon277

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    Indiana has the strongest self-defense immunity law in the country, which I wrote and Rep. Jim Lucas introduced and championed in the Indiana General Assembly in 2019, along with great support and leadership from Rep. Ben Smaltz, Rep. Jerry Torr, Rep. Peggy Mayfield and several others. This statute was inspired by the experience of my client, Kystie Phillips, who heroically saved the life of a police officer with fully justified deadly force, but was then sued by the perpetrator's family in a wrongful death lawsuit.
    Yesterday, in the Marion County Superior Court, we won summary judgment in a case in which my clients were sued after a person tried to break into their home in the middle of the night and the husband responded with fully justified deadly force.
    The judge not only dismissed the lawsuit but ordered the plaintiffs to reimburse my clients their attorneys' fees, as required by our new law.
    I told Kystie when she hired me that we were not only going to win her case but we were going to change Indiana law for the better. I'd say that turned out to be true (and my client's in this case would certainly agree.)
    If you're interested in this area of the law, the judges memorandum opinion is worth a read.


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    tackdriver

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    Thank you for posting the above. It is one thing to know what the law says. It's a COMPLETELY different thing to know that the law is followed by the courts!

    The one thing that would've made this outcome better, would be if the attorneys for the plaintiff were required to help with the payment (something like 28 US Code 1927). Dear Cindy should have been shown the law, then politely shown the door. Maybe this case will become the precedent to model such behavior in the future.

    Thanks again for passing this on, and thanks to everyone that made Indiana law clear on this subject!!
     

    chipbennett

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    The 2A Project

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    Indiana has the strongest self-defense immunity law in the country, which I wrote and Rep. Jim Lucas introduced and championed in the Indiana General Assembly in 2019, along with great support and leadership from Rep. Ben Smaltz, Rep. Jerry Torr, Rep. Peggy Mayfield and several others. This statute was inspired by the experience of my client, Kystie Phillips, who heroically saved the life of a police officer with fully justified deadly force, but was then sued by the perpetrator's family in a wrongful death lawsuit.
    Yesterday, in the Marion County Superior Court, we won summary judgment in a case in which my clients were sued after a person tried to break into their home in the middle of the night and the husband responded with fully justified deadly force.
    The judge not only dismissed the lawsuit but ordered the plaintiffs to reimburse my clients their attorneys' fees, as required by our new law.
    I told Kystie when she hired me that we were not only going to win her case but we were going to change Indiana law for the better. I'd say that turned out to be true (and my client's in this case would certainly agree.)
    If you're interested in this area of the law, the judges memorandum opinion is worth a read.


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    FAFO

    Indiana has the best self-defense laws in the country.
     
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