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After the Court of Civil Appeals denied her a motion to have a pre-trial hearing in an ex parte ruling in Jenniffer Watters the Alabama Supreme Court found that the point of the pre-trial hearing to determine qualified [statutory] immunity was to avoid civil suits. The hearing was eventually held and it was found that Watters actions were not unlawful. Note that the standard for the pre-trial hearing is "preponderance of evidence".
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That had to do only and entirely with a pretrial hearing for the purpose of requesting
immunity from criminal prosecution
https://law.justia.com/cases/alabama...6/1150182.html[/QUOTE]
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"Therefore, a person meeting the requirements of Ala. Code [1975,] § 13A-3-23(a), is exempt and free from the burden of criminal prosecution or civil litigation. Accordingly, Ala. Code [1975,] § 13A-3-23(d), provides not just a defense at trial but a bar to trial.
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That is the law. But there are two kind of immunity here.
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Here is the thing though. If you lose in the pre-trial hearing a civil suit can get dropped on your head.
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Anyone can sue anyone at any time, but a pre-trial hearing
for the purpose can provide immunity from civil liability. The suit would be thrown out if immunity is granted.
Different hearing. Different court.
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However if you win in criminal court than the matter gets thrown out and those that filed suit against you have to pay your civil legal fees.
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No. The burden of persuasion in a criminal court (if immunity from prosecution has not been granted) is
beyond a reasonable doubt. The defendant wins if the state does not meet that burden..
To avoid civil liability, the defendant must prove much more that the existence of reasonable doubt. The burden of persuasion is by a
preponderance of the evidence. That's true either in court or in a civil immunity hearing.