Victim hit during Black Lives Matter protest, his attorney plans to file civil lawsuit

[Aries]

You asked if being cleared by the DA indemnified the driver. O.J. was acquitted of murder, but lost a civil case to the Goldman's. So it is an example of a case where being cleared of criminal charges did not indemnify the defendant against a lawsuit.

That's not to say an attorney might not get the case tossed, just that the DA deciding not to prosecute has nothing to do with a civil lawsuit.

 

[Glocktogo]

You asked if being cleared by the DA indemnified the driver. O.J. was acquitted of murder, but lost a civil case to the Goldman's. So it is an example of a case where being cleared of criminal charges did not indemnify the defendant against a lawsuit.

That's not to say an attorney might not get the case tossed, just that the DA deciding not to prosecute has nothing to do with a civil lawsuit.

What's different though is that Oklahoma has a specific preemption in the SDA law that a person who uses force under the SDA in a lawful manner, is immune from civil suit for same. That's what I meant.

 

[CorpsVet]

Likely going after driver's insurance policy

 

[TedKennedy]

What's different though is that Oklahoma has a specific preemption in the SDA law that a person who uses force under the SDA in a lawful manner, is immune from civil suit for same. That's what I meant.

How does SDA come into play here?

 

[Aries]

What's different though is that Oklahoma has a specific preemption in the SDA law that a person who uses force under the SDA in a lawful manner, is immune from civil suit for same. That's what I meant.

Ah, I wasn't thinking of that. He wasn't cleared on the grounds of self defense, or any other grounds really though. The DA just decided not to prosecute. I would still assume they can file, but that doesn't mean they'll win.

 

[Glocktogo]

How does SDA come into play here?

He drew his gun to back off the mob (didn't work) before he drove through. It's a real stretch IMO, but it might work so I'd at least throw it out there to a sympathetic judge?

Ah, I wasn't thinking of that. He wasn't cleared on the grounds of self defense, or any other grounds really though. The DA just decided not to prosecute. I would still assume they can file, but that doesn't mean they'll win.

Well Kunzweiler did day he was defending his family from a threat in his presser so there's that. Probably wouldn't work, but it might be worth a shot?