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Originally Posted by Dixie Gunsmithing
They might bring suit themselves, without stating all the facts in the suit, but their attorney should not do it, unless they lie to them about the facts behind it, and he is totally ignorant to it. That is because it barred the one who did it or for an attorney to try to collect damages, if they claimed an injury while committing the crimes listed. "Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if any of the following apply"...
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Sorry, but you simply don't understand how these things can work. You are not a lawyer. I am.
The operative phrase in your quote above from the law is (emphasis added):
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...Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if any of the following apply...
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If there is a dispute about whether "any of the following apply" that will be tested and resolved as part of the civil suit.
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Originally Posted by Dixie Gunsmithing
...Yes, they can try to sue, but it would be thrown out, and we are allowed to sue for the damages they did, ask for court costs, and or bring a counter-suit if needed....
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Swell. Of course if the guy you're suing has no money, which is likely, you'll get nothing even if you win.
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Originally Posted by Dixie Gunsmithing
...All it takes is the police report,...
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No. A police report is mere hearsay and can't be used as evidence for such a purpose.
For a thorough discussion of civil immunity, see
here.