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Trayvon Martin Family Lawyer Doesn't Rule Out Civil Action Against Zimmerman (Family in Disbelief) (Original Post) Hissyspit Jul 2013 OP
Good! Vinnie From Indy Jul 2013 #1
they heaven05 Jul 2013 #2
? Hissyspit Jul 2013 #3
Sorry heaven05 Jul 2013 #7
The "trolls" are probably right. Igel Jul 2013 #53
thanks heaven05 Jul 2013 #56
O'Mara is an asshat..... chillfactor Jul 2013 #9
Mark O'Mara: If George Zimmerman Were Black 'He Never Would've Been Charged With A Crime' Hissyspit Jul 2013 #14
Actually it's the other way around. If Martin were white and Zimmerman were black totodeinhere Jul 2013 #46
Not the question. Igel Jul 2013 #55
IF GZ were black he would have been charged with and convicted of Murder One. kestrel91316 Jul 2013 #82
O'Mara Is Being Deceptive Here DallasNE Jul 2013 #50
O'Mara was doing his job. Beacool Jul 2013 #27
Did you not read Post #14? Hissyspit Jul 2013 #29
No, I was responding to the other poster. Beacool Jul 2013 #30
But his role is not over. He will be participating in the Judge's hearing against the State's 24601 Jul 2013 #33
I hope the tables turns on O'Mara and gets a sanction and a disbarment proceedings Mr. David Jul 2013 #79
There has not been anything on the news about him, or any member of the defense, being the 24601 Jul 2013 #81
The prosecution could have used more evidence dragonlady Jul 2013 #32
Here's a game I like. Igel Jul 2013 #64
excellent post! chillfactor Jul 2013 #39
The difference is YarnAddict Jul 2013 #41
Right. If they can't put him in jail but can only get his assets, what's to get? thesquanderer Jul 2013 #44
Book deals, movie rights, speaking tours, TV interviews and appearances... displacedtexan Jul 2013 #45
Nope. YarnAddict Jul 2013 #47
Who would buy his books? reflection Jul 2013 #89
that doesn't make sense..... chillfactor Jul 2013 #5
I heaven05 Jul 2013 #10
was that response REALLY necessary? chillfactor Jul 2013 #18
well heaven05 Jul 2013 #20
wow! chillfactor Jul 2013 #28
well heaven05 Jul 2013 #31
FWIW ... as an observer ... MH1 Jul 2013 #34
Common sense? ... 1StrongBlackMan Jul 2013 #15
thank you heaven05 Jul 2013 #19
What you said was pretty clear ... 1StrongBlackMan Jul 2013 #22
Here's a previous discussion on it: Hissyspit Jul 2013 #26
In that discussion Hack89 proves Zimmerman is now immune from civil action. Lasher Jul 2013 #43
That Section Of Law DallasNE Jul 2013 #49
The law enforcement exception would apply to Trayvon, not Zimmerman Lasher Jul 2013 #52
It deals with both. Igel Jul 2013 #65
agreed.... chillfactor Jul 2013 #21
So your comment makes no sense ... 1StrongBlackMan Jul 2013 #24
That's the latest winger meme. And it's wrong. Try again. nt msanthrope Jul 2013 #8
yeah heaven05 Jul 2013 #12
i thought you meant Enrique Jul 2013 #17
There are John2 Jul 2013 #23
What is your source that it was an all-white Jury? 20% of the Jury was non white. From 24601 Jul 2013 #36
????????? heaven05 Jul 2013 #68
In the context you posted, unsure what you meant by JFC, but if it's Jesus F*ing Christ, 24601 Jul 2013 #80
This message was self-deleted by its author Tugboat Jul 2013 #59
Hi and welcome to DU. Just an FYI, posting from a reputable source is permitted, yet the Jefferson23 Jul 2013 #71
I can't imagine the family's horror at this ruling newfie11 Jul 2013 #4
I wonder what country ... 1StrongBlackMan Jul 2013 #6
no argument there....... chillfactor Jul 2013 #13
I would no doubt be eligible for Peruvian citizenship marshall Jul 2013 #16
Unemployable? In about a year or so I expect to see him on Fox. MH1 Jul 2013 #35
I doubt he'll ... 1StrongBlackMan Jul 2013 #38
agreed Skittles Jul 2013 #83
good idea. robinlynne Jul 2013 #11
Civil immunity will be the next big debate marshall Jul 2013 #25
amen chillfactor Jul 2013 #37
I wish the family the peace of Allah nt Duckwraps Jul 2013 #40
trying heaven05 Jul 2013 #58
No not at all. Duckwraps Jul 2013 #61
thou heaven05 Jul 2013 #62
Nane calling says something Duckwraps Jul 2013 #63
This message was self-deleted by its author hrmjustin Jul 2013 #66
no heaven05 Jul 2013 #67
When are you going to say what your former username was? hrmjustin Jul 2013 #70
"I am that I am. Tell them I am has sent you." Duckwraps Jul 2013 #72
Are you a democrat? hrmjustin Jul 2013 #73
Is that a requirement in life? Duckwraps Jul 2013 #75
Have a good afternoon! hrmjustin Jul 2013 #76
he thinks the death of an innocent teeanger is a joke Skittles Jul 2013 #88
He is gone! hrmjustin Jul 2013 #90
About fucking time. (nt) Paladin Jul 2013 #91
He said he was a returning member and it was brought to the attention of the admins and they hrmjustin Jul 2013 #92
He'll be easy to spot, the next time he shows up in DU. Paladin Jul 2013 #94
My understanding was there were several returnies in the past 72 hours. hrmjustin Jul 2013 #95
Completely plausible. (nt) Paladin Jul 2013 #96
I think a review of this poster would be in order. n/t arthritisR_US Jul 2013 #77
You are PPR'ed my friend! hrmjustin Jul 2013 #78
you are not fooling anyone Skittles Jul 2013 #87
This message was self-deleted by its author devilgrrl Jul 2013 #69
My stomach dropped when I saw the verdict. pitbullgirl1965 Jul 2013 #42
I Don't Like The Chances Of Success There, However DallasNE Jul 2013 #48
Take away all his donations. That fat bastard should not profit from this atrocity. MjolnirTime Jul 2013 #51
he heaven05 Jul 2013 #57
Nancy Grace said he is pulling in $30,000/month on his defense fund....sick! Red State Rebel Jul 2013 #97
A very good civil case. another_liberal Jul 2013 #54
For what? customerserviceguy Jul 2013 #60
I for one would donate to a fund to launch a wrongful death suit. Because Sam1 Jul 2013 #74
He might still be able to plead the Fifth. Jim Lane Jul 2013 #84
Of Course Not SoCalMusicLover Jul 2013 #85
Family in disbelief...along with everyone else I know. nt MADem Jul 2013 #86
There will be no civil case. former9thward Jul 2013 #93
This message was self-deleted by its author Tugboat Jul 2013 #98
K & R Scurrilous Jul 2013 #99
I'm curious to know about the smear of Trayvon by the defense neohippie Jul 2013 #100

Hissyspit

(45,788 posts)
3. ?
Sun Jul 14, 2013, 09:38 AM
Jul 2013
http://floridamalpractice.com/stat768.16etseq.htm

http://www.cnn.com/2013/07/14/us/martin-family-legal-paths/index.html

Civil suit

Take what happened to O.J. Simpson 17 years ago.

After a criminal court acquitted him of charges in the 1994 killing of his ex-wife Nicole Brown Simpson, a civil court held him responsible in 1997 for her "wrongful death."

It ordered him to pay her family more than $33 million in damages. Various courts then stripped Simpson of every asset they could get their hands on.

Wrongful death is easier to prove than murder or manslaughter.

A defendant can be held liable, even if he or she didn't intend to cause the victim's death, according to Florida law.

Simple negligence is enough, if it results in death.

Did Zimmerman act negligently, when he exited his vehicle to pursue Martin on foot while carrying a gun -- although a 911 operator told him not to?

Would the 17-year-old still be alive if Zimmerman had not done so?

Those are questions a lawyer for Martin's family would be sure to ask in a wrongful death suit.

Martin's family has so given no indication so far of wanting to pursue an additional suit.

But someone else has.

Civil rights suit

The NAACP is pushing the U.S. Department of Justice to file a civil rights suit.


http://inagist.com/all/356266745524269057/

Martin family could file civil suit against Zimmerman but O'Mara says he will seek immunity if that happens: http://t.co/IIrWRlxMlD
@DafnaLinzer
 

heaven05

(18,124 posts)
7. Sorry
Sun Jul 14, 2013, 09:43 AM
Jul 2013

I didn't check it out for myself, this time. I believed the trolls and zimpig sympathizers on this site. Great news then, thanks for correcting me and keeping me aware of the deceit out here..

Igel

(35,317 posts)
53. The "trolls" are probably right.
Sun Jul 14, 2013, 12:41 PM
Jul 2013

Under Florida law self-defense immunizes you against civil suits. People have been quoting the law just fine.

However, under Florida law the case has to be filed and the judge has to rule that it was self defense. So, yes, the case can be filed. Then there has to be a hearing. That seems to be the great hope of justice for Trayvon. (And people complain that the trial seemed to make it all about Trayvon.) Just as 2nd murder or manslaughter was a slam-dunk and only a racist fool could even think that the jury could find him not guilty (unless the jury is a bunch of low-information racists themselves), so we'll be feted with people convinced that the Martins will have to prevail in a civil suit if there's any justice, and that will include the self-defense hearing.

Now, the judge may well produce a finding of self defense. But since a jury has already rendered a verdict in a criminal trial that presupposes self-defense, odds are that either the judge will make the ruling almost pro-forma or that the judge's not finding self defense will be appealed and that will result in a finding of self defense. Yeah, there's a different basis of proof. There's no guarantee that this will make a difference, given what little evidence there is (where "evidence" has to be separated from "possibility" or "belief&quot .

Mind you, this might actually make things worse. Because if the judge finds self defense, then under Florida law GZ would be due reimbursement for reasonable expenses for lawyers, court fees, and other out-of-pocket expenses. So it may feel good to file but unless there's a good chance of getting past self defense Martin's parents may wind up paying for GZ's civil-suit defense. GZ wouldn't profit from this but that wouldn't much matter. This would trigger even more outrage at injustice, even though the Martins would have known the rules well in advance and agreed to them.

 

heaven05

(18,124 posts)
56. thanks
Sun Jul 14, 2013, 12:51 PM
Jul 2013

Last edited Tue Jul 16, 2013, 11:37 AM - Edit history (1)

something to think about for all concerned about that POS zimpig walking the streets, free, again.

chillfactor

(7,576 posts)
9. O'Mara is an asshat.....
Sun Jul 14, 2013, 09:45 AM
Jul 2013

I have come to extremely dislike that racist piece of crap....an innocent Black teenager died....no justice for that Trayon

Hissyspit

(45,788 posts)
14. Mark O'Mara: If George Zimmerman Were Black 'He Never Would've Been Charged With A Crime'
Sun Jul 14, 2013, 09:48 AM
Jul 2013
http://www.huffingtonpost.com/2013/07/14/mark-omara-george-zimmerman-black_n_3593337.html

- snip -

In the hours after the George Zimmerman trial verdict was released, both the defense and prosecuting attorneys answered questions about the trial and their reactions to the jury's decision.

The case consumed the country's attention for more than a year, sparking heated racial debate. While some criticized Zimmerman for racially profiling 17-year-old Martin, others said the teen was, in fact, the aggressor.

Although counsel was advised to leave race out of the discussion during trial, during the post-trial press conference, Zimmerman's defense attorney, Mark O'Mara, remarked that if his client were black, "he never would've been charged with a crime."

If not technically a racist, a massive dickwad at the least.

totodeinhere

(13,058 posts)
46. Actually it's the other way around. If Martin were white and Zimmerman were black
Sun Jul 14, 2013, 11:23 AM
Jul 2013

and the circumstances of the case were exactly the same Martin would have been convicted of murder 1. That is my firm belief.

Igel

(35,317 posts)
55. Not the question.
Sun Jul 14, 2013, 12:45 PM
Jul 2013

If GZ were black and TM were black, would GZ have been charged?

If GZ were white and TM were white, would GZ have been charged?

I find what I think to be the likely answers to those every bit as thought-provoking as "If GZ were black and TM were white, would GZ have been charged (etc.)?" In some ways more thought provoking, since the "if you switched the roles" question is a bit of a commonplace.

DallasNE

(7,403 posts)
50. O'Mara Is Being Deceptive Here
Sun Jul 14, 2013, 12:34 PM
Jul 2013

He is not saying if the roles were reversed though that is what he wants you to believe he is saying. He is saying if Zimmerman was black, meaning if it was a black on black crime then no charges would have been filed. While that is probably true it is an odd argument to claim that racist, unequal and lesser treatment for black on black crime means Zimmerman should have been afforded unequal, favorable treatment -- the two wrongs make a right argument when two wrongs make two wrongs and not the other way around.

Beacool

(30,249 posts)
27. O'Mara was doing his job.
Sun Jul 14, 2013, 10:04 AM
Jul 2013

Even mass murderers are entitled to an attorney and to mount a defense.

The prosecution is the one to blame.

Beacool

(30,249 posts)
30. No, I was responding to the other poster.
Sun Jul 14, 2013, 10:10 AM
Jul 2013

Well, then he is an "asshat". That remark was truly out of order and inappropriate.

24601

(3,962 posts)
33. But his role is not over. He will be participating in the Judge's hearing against the State's
Sun Jul 14, 2013, 10:24 AM
Jul 2013

Attorneys regarding alleged failure to turn over all documents required by Florida Rules of Criminal Procedure (relating to discovery) and misleading the court as to whether they had. Please note that the State's Attorney's also have a presumption of being not guilty - and even if ultimately sanctioned, jail time is exceptionally rare.

O'Mara also remains Zimmerman's attorney and should someone try to file a Florida civil suit, it will be his job to file the immunity response to dismiss the suit.

State Attorneys have a dual responsibility - to represent the state and to ensure that defendants are afforded due process. Defense Attorneys have a responsibility to represent their client's interest, pretty much by any & all means that do not themselves violate the law.

 

Mr. David

(535 posts)
79. I hope the tables turns on O'Mara and gets a sanction and a disbarment proceedings
Sun Jul 14, 2013, 02:47 PM
Jul 2013

Asshat needs to be disbarred.

24601

(3,962 posts)
81. There has not been anything on the news about him, or any member of the defense, being the
Sun Jul 14, 2013, 03:13 PM
Jul 2013

subject of the Brady hearing - it's addressing alleged prosecutor misconduct.

Again I emphasize that the State's Attorneys are not guilty until proven otherwise.

The Judge also seems wise in retrospect for delaying the hearing until after the trial since the not-guilty verdict obviates the need to consider a retrial as one of the remedies.

dragonlady

(3,577 posts)
32. The prosecution could have used more evidence
Sun Jul 14, 2013, 10:17 AM
Jul 2013

Unfortunately the police were not taking it seriously as a case of murder when that might have been gathered. I wasn't able to follow the trial very closely, but that's one impression I got.

Igel

(35,317 posts)
64. Here's a game I like.
Sun Jul 14, 2013, 01:16 PM
Jul 2013

If X should have been investigated, what would most likely have been found. Then, How would that have changed the outcome.

If the police had been more pro-active on day 1 ...

Well, they checked TM's body for DNA, injuries, that kind of thing, and bagged the evidence from him. That was easy. He was stationary and most of that kind of evidence would be routinely collected.

GZ ... They might have checked him for DNA. I think I read he didn't have DNA evidence under his nails, but that's sort of a fuzzy recollection that I don't put much stock in. There was no obvious scrape that I've heard of on TM to provide DNA for under the nails, but you never know. Not all DNA is from scraped skin. Still, unless they found a glob of TM's spit on GZ there's probably not much "there" there.

GZ's clothing should have been confiscated, for sure. But we know that his back was wet, allegedly from being in the grass. We can easily suspect that TM got in one punch because of a small wound on his knuckle with GZ's DNA in it. Or he might have scraped it and gotten some of GZ's blood in it. TM was straddling GZ (Good's testimony + ballistics evidence; consider that a fact). So it wouldn't be amiss to expect TM's DNA--perhaps just a hair--to be on GZ. Again, I don't know how the clothing would have helped. Did he have grass stains on his knees? I think we all assume that anyway. Scrapes on the toes of his boots? Sure. Not a problem. If he was on his back and stood up he either had his toes scrape or his knees in the grass or both. Try laying down and then standing up without turning over. It's possible, but very awkward. Easier pushing up your bulk with your hands facing front. Don't know what that would get you. Don't see this making a big difference.

What might have mattered would have been a wound inventory and collection of evidence from GZ's wounds. If his head hit the concrete there might be bits of sand or calcite in the wounds. Probably not. If it was a tree branch, that might have left a bit of tree. There might be some impression to the wound; cement would create a different kind of cut than a tree branch would. Or maybe his head hit the turf--a sprinkler head was in the way, or gravel. If you hit your head on concrete versus have a branch cut across the wound depth and shape would differ. Lots of talk about their length, but I had a friend who had a shin wound no longer than "the scratches" on GZ's head, except that you could see the dent the rock made in the bone if you pulled apart the tissue. Head wounds bleed a lot, so the wounds might have been shallow; but a deep wound would also bleed a lot. Lots of chatter, little use.

The directionality of the 2-3 cuts and the apparent bruise on the back of his head might be helpful to know. It looked like a single impact on a flat surface wouldn't cause all of them, so several impacts would be nececessary. Or is that just because of the angle the picture was taken at?

Same for the nose injury. If there's a punch versus being hit by the handgrip of the gun you'd expect a different pattern to the bruising. Was the nose broken? Cracked? Lots of speculation based on what the wound looked like after about an hour after it happened because it didn't look the way it should a day later. But the time mismatch makes speculation just that.

Were there any other marks on GZ? If you're tackled and hit concrete, you might have abrasions or scratches elsewhere. If punched, kicked, or kneed, perhaps bruises.

What would this have shown at trial? Well, I suspect it would have cleared up a lot of speculation. It might have completely falsified the core of GZ's story--everything's commensurate with GZ tripping and TM straddling him to make sure he's all right. It might have confirmed that GZ's head showed signs of a punch and his hitting the concrete or the ground a few times at the kind of angle that you'd expect if he had been holding his head up during a fight--as opposed to having his head hit against the ground. Or it may show a punch, scrapes that are appropriate to hitting the concrete at a strange angle, followed by something making his head impact concrete and ground numerous times.

Would have been nice. The faith-based claim is that the additional evidence would have completely proven murder--countered with a faith-based claim that the additional evidence would have made anything other than self-defense laughable. Dunno. It's like fantasy football. Nice game, but you don't get upset when the team you actually root for loses when your fantasy team proved, clearly, they should have won.

thesquanderer

(11,989 posts)
44. Right. If they can't put him in jail but can only get his assets, what's to get?
Sun Jul 14, 2013, 11:16 AM
Jul 2013

They probably wouldn't be able to recoup what it would cost them in legal costs to pursue it.

displacedtexan

(15,696 posts)
45. Book deals, movie rights, speaking tours, TV interviews and appearances...
Sun Jul 14, 2013, 11:19 AM
Jul 2013

Lots of cash on his horizon. I hope he doesn't get to keep a damned dime.

 

YarnAddict

(1,850 posts)
47. Nope.
Sun Jul 14, 2013, 11:23 AM
Jul 2013

Who would buy his books? Who would make a movie? He probably can't speak well enough to go on tours or do TV interviews.

The only possibilities for cashing in are the numerous lawsuits--against NBC and CNN, possibly others. But really can't see that netting him much, after paying attorney fees.

reflection

(6,286 posts)
89. Who would buy his books?
Mon Jul 15, 2013, 08:36 AM
Jul 2013

I can think of thousands of mouthbreathers in my state alone who would probably run through the wall like the Kool-Aid guy to get a copy of whatever "book" he publishes. Of course, they'd have to have someone read it to them, but still, the book would be purchased.

 

heaven05

(18,124 posts)
10. I
Sun Jul 14, 2013, 09:46 AM
Jul 2013

really don't need someone like you in my face. I believed the rethug trolls and democrat zimpig sympathizers ON THIS SITE. Forgive my lack of common sense. Oh and yeah have a great fucking day.

chillfactor

(7,576 posts)
18. was that response REALLY necessary?
Sun Jul 14, 2013, 09:53 AM
Jul 2013

a bit over board there heaven05....all I said was read the OP's post...federal civil action is the only avenue left open to the Martin family.....because the OP did not say "federal" is no reason to question the post...

and btw.....I am going to have a very nice day

 

heaven05

(18,124 posts)
20. well
Sun Jul 14, 2013, 09:56 AM
Jul 2013

alert. To tell me to use common sense, when it turns out I'm right got me angry. Period. I did read it. I'm done with you before.....well?

chillfactor

(7,576 posts)
28. wow!
Sun Jul 14, 2013, 10:05 AM
Jul 2013

I guess I am a gentler, kinder person...I can make a point without swearing and demeaning another person....
I understand your point but your reaction really was a bit overboard..if you become that angry over the phrase "common sense" I cannot imagine what other words with a much deeper meaning would set you off as well...

however, I hope you have a wonderful Sunday...full of rest, relaxation and recharging for the week ahead...

 

heaven05

(18,124 posts)
31. well
Sun Jul 14, 2013, 10:11 AM
Jul 2013

Last edited Sun Jul 14, 2013, 12:56 PM - Edit history (1)

someone else understood my original intent and had my back. What you implied was that in not using 'common sense' I was using another kind of 'sense' which if it was not 'common sense' it was a dumber kind of sense in your book. I felt put down because I stated something I thought was truth and that turned out to be the truth. You assailed me with your original comment, NOT THE OTHER WAY AROUND. Yeah, you have a good week also.

MH1

(17,600 posts)
34. FWIW ... as an observer ...
Sun Jul 14, 2013, 10:29 AM
Jul 2013

your comment saying "use common sense" was somewhat demeaning. Pretty mild for what goes on here, but objectively, yes, and in an emotional discussion like this one, it is not unusual for relatively small slights to be magnified.

My general rule of thumb is, if someone feels demeaned or insulted by something I said, they probably have some reason for it (even if only a small grain in my words that acted as a trigger) and I should just accept that the person felt demeaned or insulted, and respond appropriately. JMHO and YMMV and all that. I'll just butt out now.

 

1StrongBlackMan

(31,849 posts)
15. Common sense? ...
Sun Jul 14, 2013, 09:48 AM
Jul 2013

A "Civil Action" is a different animal than a federal civil rights action."

The non-common sense commenter is correct ... Florida law does prohibit the filing of a civil (tort) lawsuit. There is no way to know what the OP meant by "civil action."

 

1StrongBlackMan

(31,849 posts)
22. What you said was pretty clear ...
Sun Jul 14, 2013, 09:58 AM
Jul 2013

and was correct. my guess is the "use common sense" advisor didn't know Florida law ... that's the only way his/her comment would make sense.

Lasher

(27,597 posts)
43. In that discussion Hack89 proves Zimmerman is now immune from civil action.
Sun Jul 14, 2013, 11:14 AM
Jul 2013

He does that starting in this reply in that thread.

And yet in the article you linked upthread here in your post #2, CNN writer Ben Brumfield asserts Zimmerman is subject to civil action. In making his case he inappropriately cites the OJ Simpson murder trial in California as a legal precedent for the Zimmerman case in Florida. And he does not account for the laws that have been passed during the 17 years since then - including the law cited by Hack89.

DallasNE

(7,403 posts)
49. That Section Of Law
Sun Jul 14, 2013, 12:08 PM
Jul 2013

Deals with people in law enforcement according to the sentence that just precedes this passage. (Context is all important). Unless a community watch person is considered law enforcement, which seems a stretch, I don't see how this applies to Zimmerman. But I agree, the OJ Simpson case has no bearing here.

Lasher

(27,597 posts)
52. The law enforcement exception would apply to Trayvon, not Zimmerman
Sun Jul 14, 2013, 12:40 PM
Jul 2013

That is to say, Zimmerman would not be immune to civil action at this point if Trayvon had been a law enforcement officer.

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).
History.—s. 4, ch. 2005-27.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html

This is the civil action immunity section of Florida's Castle Doctrine law, which is referenced above as S. 776.013. 776.012 is the 'stand your ground' provision.

chillfactor

(7,576 posts)
21. agreed....
Sun Jul 14, 2013, 09:57 AM
Jul 2013

but if a person knows anything about the avenues open to the Martin family....a federal civil action is the only path open to them.....I knew that and I am no lawyer.....but then I read and do research.....

 

heaven05

(18,124 posts)
12. yeah
Sun Jul 14, 2013, 09:47 AM
Jul 2013

I fucked up in the emotion of the moment, forgive me. I'm really am not a RW'er. I'm not going to apologize for my mistake anymore, so please stop attacking my human failing....I really am depressed enough. I MADE A FUCKING MISTAKE!!!!

 

John2

(2,730 posts)
23. There are
Sun Jul 14, 2013, 10:00 AM
Jul 2013

other ways to make Florida pay and the Zimmermans. I'm pretty angry about the verdict and don't accept it. We can make them pay through boycotts, businesses and sanctions.one way or another, they can answer for this crime including the Sanford police department. Nobody has to do business with that jurisdiction. Through banks, credit whatever it takes. This all white jury nullification has to go. And six jurors for a murder trial is ridiculous. I'm just as shocked as that family. He got away with killing an unarmed kid, which makes George Zimmerman no better than a terrorist in my book.

24601

(3,962 posts)
36. What is your source that it was an all-white Jury? 20% of the Jury was non white. From
Sun Jul 14, 2013, 10:32 AM
Jul 2013

CBS news: (Bold added by me)

B-29 recently moved to central Florida from Chicago. She enjoys watching the "Real Housewives" on television and works as a nurse on an Alzheimer's section of a nursing home. She said she hadn't paid much attention to the shooting. She said she has been arrested, but her case was disposed of. It's not clear why she was arrested or exactly what happened to her case, though she said she was treated fairly. She is married and has several children. A prosecutor described her as "black or Hispanic" during jury selection.

[link:http://abcnews.go.com/US/wireStory/jurors-george-zimmermans-trial-19657766#.UeK1KY3VCSo|

I believe that it is accurate that there were no male jurors.

24601

(3,962 posts)
80. In the context you posted, unsure what you meant by JFC, but if it's Jesus F*ing Christ,
Sun Jul 14, 2013, 03:06 PM
Jul 2013

equating that with CBS wouldn't be my 1st choice. And I believe they were quoting a State's Attorney.

What I posted in message #36 was verbatim from the CBS affiliate in West Palm Beach, FL.

Two things:

1st. I thought that the CBS link URL had attached and it apparently did not, so here it is:

http://www.cbs12.com/news/top-stories/stories/vid_8240.shtml

2nd. I noticed my math error because it was 1 of 6 non-white jurors which would be 16.66%, not 1 of 5 which would be the 20%. I apologize for the 3.33% mistake.

For all the coverage here in Florida (as I expect there was on networks) there were no pictures of the jurors permitted, so I am not in a position to verify CBS' coverage of the prosecutor's description of the "black or Hispanic" juror.

Response to Vinnie From Indy (Reply #1)

Jefferson23

(30,099 posts)
71. Hi and welcome to DU. Just an FYI, posting from a reputable source is permitted, yet the
Sun Jul 14, 2013, 01:31 PM
Jul 2013

requirement is to post no more than four paragraphs and then post the link to that source.


Thank you!

newfie11

(8,159 posts)
4. I can't imagine the family's horror at this ruling
Sun Jul 14, 2013, 09:41 AM
Jul 2013

I am so shocked at the verdict. The whole thing from the killing to verdict is racist and I am very ashamed of these people.
Because someone's skin is a different color, so what!!!!!!

 

1StrongBlackMan

(31,849 posts)
6. I wonder what country ...
Sun Jul 14, 2013, 09:42 AM
Jul 2013

Z, and his family, will move to ... I'm pretty certain Z will be unemployable in most parts of America and I'm pretty sure that Z will be called upon to "stand his ground" again because folks will give him a lot of sh!t (and he is a coward).

chillfactor

(7,576 posts)
13. no argument there.......
Sun Jul 14, 2013, 09:48 AM
Jul 2013

Zimmerman's life as he knows it is over.....he will become a recluse like casey anthony...

 

1StrongBlackMan

(31,849 posts)
38. I doubt he'll ...
Sun Jul 14, 2013, 10:48 AM
Jul 2013

be on fox. He might find a niche doing the joe the speaking tour circuit, though.

Skittles

(153,162 posts)
83. agreed
Sun Jul 14, 2013, 04:37 PM
Jul 2013

I do not condone vigilante justice but nor do I feel any sympathy for that gutless coward having to look over his shoulder for the rest of his miserable life

marshall

(6,665 posts)
25. Civil immunity will be the next big debate
Sun Jul 14, 2013, 10:01 AM
Jul 2013

From what I have read, Zimmerman's attorneys are not in a position to seek civil immunity until someone files suit against him. Under Florida law it certainly looks in the family's favor, as negligence is fairly evident. There are no doubt many factors to be weighed. I don't know what evidence could be brought in, by either side, but the rules are no doubt significantly different. I hope the family has good legal advisors who can walk them through the benefits and disdain tabes of moving forward, so that they can make the best decision for themselves and their son's memory.

 

Duckwraps

(206 posts)
61. No not at all.
Sun Jul 14, 2013, 01:05 PM
Jul 2013

I have great empathy for this family for reasons I won't diiscuss. Ho w dare you question my sincerity in this! Simply because I have maintained a position that Z was not guilty of murder or manslaugther does not mean I can't have compassion for Ms family.

You should apologise. Sorry for all the typos I'm doing this in my phone.

 

heaven05

(18,124 posts)
62. thou
Sun Jul 14, 2013, 01:11 PM
Jul 2013

"Simply because you maintained zpigs innocence?????????thou protesteth too loud????????? No! I will not apologize to a zimpig apologist. Period. Ever.

 

Duckwraps

(206 posts)
63. Nane calling says something
Sun Jul 14, 2013, 01:16 PM
Jul 2013

about your reasoning ability.

Here is a little salve for your festering wounds. Z was ethically and morraly wrong for what he did.

May Allah bless you and give you peace

Response to Duckwraps (Reply #63)

 

heaven05

(18,124 posts)
67. no
Sun Jul 14, 2013, 01:22 PM
Jul 2013

name calling. It's the truth. I need no salutations from you, a zimpig supporter or your religion. Zimpig said it was god's plan for this to happen. You think I believe that shit. Religion is a scam for control and money. Don't insult me.

 

Duckwraps

(206 posts)
75. Is that a requirement in life?
Sun Jul 14, 2013, 01:44 PM
Jul 2013

Look I gotta go. My team's turn to shoot is coming up very shortly and I've got to "gearup."

Have a great afternoon!!!

 

hrmjustin

(71,265 posts)
92. He said he was a returning member and it was brought to the attention of the admins and they
Mon Jul 15, 2013, 11:10 AM
Jul 2013

did not like that.

Paladin

(28,262 posts)
94. He'll be easy to spot, the next time he shows up in DU.
Mon Jul 15, 2013, 11:23 AM
Jul 2013

You have to work at taking provocation to such an ugly depth. Glad he's gone.

Response to Duckwraps (Reply #40)

pitbullgirl1965

(564 posts)
42. My stomach dropped when I saw the verdict.
Sun Jul 14, 2013, 11:01 AM
Jul 2013

Not only was justice not served, this once again! reminded black people that they are still not quite human, and are expendable. A sentence like that should NEVER have to be typed. I am angry and ashamed of any white people who excused Zimmerman. You will never have to teach your children how to be safe from The Man and around white people. I'm going to call your cracker asses out irl and online. I am ashamed of this country.

no love
White girl

DallasNE

(7,403 posts)
48. I Don't Like The Chances Of Success There, However
Sun Jul 14, 2013, 11:51 AM
Jul 2013

The dignity of Trayvon Martin's family and, indeed, the whole African-American community has been the shinning star in this whole troubling event. Contrast that with the disgusting bitterness, even hatred, displayed by Mark O'Mara and Don West following the verdict.

 

another_liberal

(8,821 posts)
54. A very good civil case.
Sun Jul 14, 2013, 12:43 PM
Jul 2013

It would appear the family has a very good civil case.

It's like we all have said: Zimmerman shot an unarmed young man who was just walking back to his father's home from a convenience store. When he called 911 to report a "suspicious black teenager," Zimmerman was even instructed by the authorities to leave it to the police, yet he got out of his vehicle, followed the young man and caused a confrontation which escalated to a fight and the young man's death. That should be more than enough to win a civil judgment.

customerserviceguy

(25,183 posts)
60. For what?
Sun Jul 14, 2013, 01:04 PM
Jul 2013

"Profiling" Trayvon Martin? Show me where it's against the law, or an actionable cause when one person makes a prejudicial decision against anyone, and both are private citizens not involved in a business transaction.

If a black family comes in to a restaurant, the white owner can be sued for refusing them service, but the white family who moves away from them to a different table in the restaurant cannot be. Both actions stem from the same racism, but while the first one is actionable, the second one is not.

You cannot outlaw racism, all you can do is drive it underground.

Sam1

(498 posts)
74. I for one would donate to a fund to launch a wrongful death suit. Because
Sun Jul 14, 2013, 01:38 PM
Jul 2013

Zimmerman could not hide behind the 5th amendment. Since he can never be criminal charged again he can be compelled to offer testimony in both a deposition and in public court. 5th amendment rights only apply in a criminal case not in a civil case.

 

Jim Lane

(11,175 posts)
84. He might still be able to plead the Fifth.
Sun Jul 14, 2013, 05:01 PM
Jul 2013

People are talking about the possibility of a federal case. If there's any possibility of a federal criminal prosecution, then he could still refuse to testify in a civil case.

An important difference, though, is that the jury in the civil case can be urged to draw an inference against him from his refusal to testify. The prosecutor in the criminal case couldn't do that.

 

SoCalMusicLover

(3,194 posts)
85. Of Course Not
Sun Jul 14, 2013, 05:07 PM
Jul 2013

BIG BIG $$$$$$$$$$$$$$$$ for him.

I'm sure he's encouraging it 100%.

Not sure anything would come of it except some satisfaction. Ask Ron Goldman's family how it worked out.

former9thward

(32,012 posts)
93. There will be no civil case.
Mon Jul 15, 2013, 11:19 AM
Jul 2013

At least none that will go anywhere.

Such a case would face high hurdles, legal observers say. Mr. Zimmerman can seek immunity from civil lawsuits under Florida's so-called Stand Your Ground law—something his attorney said he planned to do. "In effect, there will be no civil suits," said Tamara Lave, a University of Miami law professor. "If there is a civil suit filed, it will be dismissed, and future ones will be barred."

http://online.wsj.com/article/SB10001424127887323394504578605753229447968.html?mod=WSJ_hpp_LEFTTopStories

Response to former9thward (Reply #93)

neohippie

(1,142 posts)
100. I'm curious to know about the smear of Trayvon by the defense
Tue Jul 16, 2013, 12:51 PM
Jul 2013

How is it that so much information was released about a minor, Trayvon Martin's problems at school? Aren't those records private? Did the Martin family or their attorney's somehow authorize officials at the school to release those records, the statements about his suspensions, the alleged burglary tool in his backpack, the women's jewelry, etc...

Just like the former State Attorney's employee who released data from Martin's phone, lost his job, did other people help Zimmerman's defense, by illegally releasing this kind of information in an effort to smear the victims reputation?

Has any of this been discussed, I probably just missed that if so, anyone care to comment on that?

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