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2/21/2020 11:35:28 PM
Posted: 1/15/2015 10:58:21 PM EST
[Last Edit: 1/15/2015 11:01:51 PM EST by glenn_r]
link

The Washington County district attorney determined that homeowner Adam Kind acted in self-defense when he encountered Morrison in the darkened room and killed him with a single gunshot.
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Castle doctrine shooting, but still being sued. More info on original story...link
Link Posted: 1/16/2015 1:32:08 AM EST
Is our castle doctrine supposed to protect you from lawsuits? Serious question.
Link Posted: 1/16/2015 3:04:01 AM EST
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Originally Posted By Murooka:
Is our castle doctrine supposed to protect you from lawsuits? Serious question.
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Doesn't stop anyone from bringing a lawsuit on someone. Winning it most likely wont happen.


Link Posted: 1/16/2015 8:36:20 AM EST
This one is going to be dicey.
Link Posted: 1/16/2015 9:25:57 AM EST
I can't see them winning this.

Of course, I've been wrong before.
Link Posted: 1/16/2015 10:59:37 AM EST
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Originally Posted By Wishoot1:
This one is going to be dicey.
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I agreed at first, but after reading the full story sounds like the DA made the correct call by declaring a good shoot.

Sounds like it was quite rowdy party going on and the police may have really screwed the pooch by letting it slide. Think the mother of the deceased might have more lucky suing the homeowner who was hosting that party.
Link Posted: 1/16/2015 11:14:00 AM EST
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Originally Posted By JimEb:


I agreed at first, but after reading the full story sounds like the DA made the correct call by declaring a good shoot.

Sounds like it was quite rowdy party going on and the police may have really screwed the pooch by letting it slide. Think the mother of the deceased might have more lucky suing the homeowner who was hosting that party.
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Originally Posted By JimEb:
Originally Posted By Wishoot1:
This one is going to be dicey.


I agreed at first, but after reading the full story sounds like the DA made the correct call by declaring a good shoot.

Sounds like it was quite rowdy party going on and the police may have really screwed the pooch by letting it slide. Think the mother of the deceased might have more lucky suing the homeowner who was hosting that party.



the death of a child should not be a money making opportunity for parents when the death is a result of the child breaking the law.
Link Posted: 1/16/2015 12:30:30 PM EST
If I remember the details correctly the shooter had his minor children in the home and visiting minor children in the home. The "child" that was shot was a grown man by any measure. Also seem to recall that something occurred between the shooter and the deceased. Like, homeowner told him to GTFO, and the "child" advanced aggressively.

You entered someone else' home, acted like a dangerous asshole, and are now upset that they didn't act with enough concern for your well being?
Link Posted: 1/16/2015 12:33:36 PM EST
http://lawofselfdefense.com/statute/wi-895-62-use-of-force-in-response-to-unlawful-and-forcible-entry-into-a-dwelling-motor-vehicle-or-place-of-business-civil-liability-immunity/


Seems like he will get off. Still gets sued, as that is unfortunately the American way, But I see zero chance of losing. Imo he should get all his court costs recovered for a bogus lawsuit like this, but it isn't a perfect world after all.
Link Posted: 1/16/2015 1:55:57 PM EST
Stop saying child, he was 20 yrs old. Here is a link to the DA's report

link
Link Posted: 1/16/2015 2:38:27 PM EST
[Last Edit: 1/16/2015 2:38:46 PM EST by lokltrkr]
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Originally Posted By lit666:
Stop saying child, he was 20 yrs old. Here is a link to the DA's report

link
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he was someones child regardless of his age.
Link Posted: 1/16/2015 4:12:34 PM EST
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Originally Posted By lokltrkr:


he was someones child regardless of his age.
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Originally Posted By lokltrkr:
Originally Posted By lit666:
Stop saying child, he was 20 yrs old. Here is a link to the DA's report

link


he was someones child regardless of his age.




So is my grandpa. Nobody refers to him in a news story as a child.
Link Posted: 1/16/2015 5:29:09 PM EST
[Last Edit: 1/16/2015 5:30:15 PM EST by trackstarpre]
Frivolous
Link Posted: 1/16/2015 11:14:03 PM EST
[Last Edit: 1/16/2015 11:15:15 PM EST by john_diesel]
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Originally Posted By lokltrkr:


he was someones child regardless of his age.
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Originally Posted By lokltrkr:
Originally Posted By lit666:
Stop saying child, he was 20 yrs old. Here is a link to the DA's report

link


he was someones child regardless of his age.


By that logic a bunch of children signed the Declaration of Independence.


I get what you're saying. A 20 yr old MAN can still be relatively immature, and while inebriated makes the stupid decision to flee (from an underage etoh citation ), and the even more stupid decision to enter someone's home. While inebriated he makes a furtive movement and startles a square family man into discharging a round. It's plainly sad for everyone involved.

I'm have more empathy for the poor homeowner who shot the dumb asshole that was in his house. He's going to feel like shit forever, knowing that he killed a young man that was hiding from a drinking charge and didn't mean any harm to the members of the house.

It sucks.

Teach kids that entering homes can get you killed. Opening someone's door should have been a no-go in his mind. He should have known that this wasn't an option. When he tried the doorknob, he gambled with his life ..... and lost.


Link Posted: 1/17/2015 6:06:54 PM EST
Link Posted: 1/18/2015 12:48:34 AM EST
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Originally Posted By 40xb-shooter:


It would be nice to see a law that prevents the lawsuit from even being filed.
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Originally Posted By 40xb-shooter:
Originally Posted By e_y_escream:
http://lawofselfdefense.com/statute/wi-895-62-use-of-force-in-response-to-unlawful-and-forcible-entry-into-a-dwelling-motor-vehicle-or-place-of-business-civil-liability-immunity/


Seems like he will get off. Still gets sued, as that is unfortunately the American way, But I see zero chance of losing. Imo he should get all his court costs recovered for a bogus lawsuit like this, but it isn't a perfect world after all.


It would be nice to see a law that prevents the lawsuit from even being filed.


Agreed....
Link Posted: 1/18/2015 7:50:10 AM EST
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Originally Posted By Ogive:


Agreed....
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Originally Posted By Ogive:
Originally Posted By 40xb-shooter:
Originally Posted By e_y_escream:
http://lawofselfdefense.com/statute/wi-895-62-use-of-force-in-response-to-unlawful-and-forcible-entry-into-a-dwelling-motor-vehicle-or-place-of-business-civil-liability-immunity/


Seems like he will get off. Still gets sued, as that is unfortunately the American way, But I see zero chance of losing. Imo he should get all his court costs recovered for a bogus lawsuit like this, but it isn't a perfect world after all.


It would be nice to see a law that prevents the lawsuit from even being filed.


Agreed....


Where are all the "Common Sense Gun Law" advocates on this? Someone follows the laws & legally defends themselves all to be perhaps civilly liable? Yeah, that's common sense right there.
Link Posted: 1/18/2015 8:10:11 AM EST
[Last Edit: 1/18/2015 8:10:51 AM EST by TrainSafe]
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Originally Posted By 40xb-shooter:


It would be nice to see a law that prevents the lawsuit from even being filed.
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Originally Posted By 40xb-shooter:
Originally Posted By e_y_escream:
http://lawofselfdefense.com/statute/wi-895-62-use-of-force-in-response-to-unlawful-and-forcible-entry-into-a-dwelling-motor-vehicle-or-place-of-business-civil-liability-immunity/


Seems like he will get off. Still gets sued, as that is unfortunately the American way, But I see zero chance of losing. Imo he should get all his court costs recovered for a bogus lawsuit like this, but it isn't a perfect world after all.


It would be nice to see a law that prevents the lawsuit from even being filed.


I'm not sure I agree with this. Maybe I do, but still need to think through the possible impact.

In any case, a judge should take a look at these filings early on. He or she should bounce these cases that don't pass the smell test in order to unclog the court system for the real injustices.
Link Posted: 1/18/2015 8:46:49 AM EST
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Originally Posted By TrainSafe:


I'm not sure I agree with this. Maybe I do, but still need to think through the possible impact.

In any case, a judge should take a look at these filings early on. He or she should bounce these cases that don't pass the smell test in order to unclog the court system for the real injustices.
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Originally Posted By TrainSafe:
Originally Posted By 40xb-shooter:
Originally Posted By e_y_escream:
http://lawofselfdefense.com/statute/wi-895-62-use-of-force-in-response-to-unlawful-and-forcible-entry-into-a-dwelling-motor-vehicle-or-place-of-business-civil-liability-immunity/


Seems like he will get off. Still gets sued, as that is unfortunately the American way, But I see zero chance of losing. Imo he should get all his court costs recovered for a bogus lawsuit like this, but it isn't a perfect world after all.


It would be nice to see a law that prevents the lawsuit from even being filed.


I'm not sure I agree with this. Maybe I do, but still need to think through the possible impact.

In any case, a judge should take a look at these filings early on. He or she should bounce these cases that don't pass the smell test in order to unclog the court system for the real injustices.


Unfortunately each judge has their own sense of smell which could be politically shifted. What is frivolous to one is substantial to another.
Link Posted: 1/18/2015 9:21:01 AM EST
Link Posted: 1/18/2015 9:23:35 AM EST
Link Posted: 1/18/2015 12:14:44 PM EST
[Last Edit: 1/18/2015 12:20:01 PM EST by RR_Broccoli]
Act 94 puts presumption of immunity in criminal AND civil liability.

She may sue, but it's a hard thing to argue, even in the Spooner case The only angle I can think of is going for the "he wasn't breaking the law by being on the porch while in the process of breaking the law by fleeing police and underage drinking." They'll have to split hairs like that from the get-go to even get a trial.

Probably hoping to rape for settlement moneys.

Here's some long winded comments about the set of laws. (CC, Castle, and Tresspassers)


Link Posted: 1/18/2015 2:38:33 PM EST
Like my lawyer says, you can sue anybody for anything. The likes of winning is totally different.

You sue somebody for whatever, you settle out of court like RR_B stated.

Disgusting but it's the way insurance companies and such are set up.

Avoiding litigation is the key= saved $...sad

V
OUT
Link Posted: 1/19/2015 7:34:41 AM EST
It may be they are coming up on the statute of limitations on filing a case. 2 or 3 years in WI I think.

Or, because the victim was black, with all the Fergadishu BS going on they may have been emboldened to think they can get more.
Link Posted: 1/19/2015 9:07:55 AM EST
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Originally Posted By RR_Broccoli:
It may be they are coming up on the statute of limitations on filing a case. 2 or 3 years in WI I think.

Or, because the victim was black, with all the Fergadishu BS going on they may have been emboldened to think they can get more.
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Last I knew it was 7. Unless it's murder....then it's unlimited.
Link Posted: 1/19/2015 9:39:47 AM EST
Link Posted: 1/19/2015 10:59:10 AM EST
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Originally Posted By eclark53520:




So is my grandpa. Nobody refers to him in a news story as a child.
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Originally Posted By eclark53520:
Originally Posted By lokltrkr:
Originally Posted By lit666:
Stop saying child, he was 20 yrs old. Here is a link to the DA's report

link


he was someones child regardless of his age.




So is my grandpa. Nobody refers to him in a news story as a child.


LOL ......when I was 20 a whole bunch of us children (from my hometown) had finished our military obligations including a year in Vietnam
Link Posted: 1/19/2015 12:05:50 PM EST
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Originally Posted By TheGrayMan:


The limits are different in civil court vs criminal.
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Originally Posted By TheGrayMan:
Originally Posted By eclark53520:
Originally Posted By RR_Broccoli:
It may be they are coming up on the statute of limitations on filing a case. 2 or 3 years in WI I think.

Or, because the victim was black, with all the Fergadishu BS going on they may have been emboldened to think they can get more.


Last I knew it was 7. Unless it's murder....then it's unlimited.


The limits are different in civil court vs criminal.


right. Wasn't thinking....again...
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