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Old July 7, 2013, 07:20 PM   #78
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
The relevant section of immunity is 776.032:

Quote:
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
776.012 (the "stand your ground" part) reads:

Quote:
However, a person is justified in the use of deadly force and does not have a duty to retreat if (...) he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony
However, we also have 776.041 to chew on:

Quote:
Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
So, yeah, there's immunity from civil action if the shooting is ruled to be justified self-defense. However, the question of provocation still looms large.
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