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And at that point, the plaintiff would need only to show by a preponderance of the evidence that unnecessary force had been used.
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Sorry Charlie. As it said in the news paper..
"Fresno Police Chief Jerry Dyer, who initially praised Jerri's actions in thwarting the robbery, reportedly called the idea of Jerri being sued "ludicrous."
Legal analysts commenting on the case expressed doubt that the lawsuit would go anywhere, saying that "unreasonable malice" would be difficult to prove."
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Only as long is it is not determined in criminal courtthat he used no more force than had been necessary in the incident.
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And since it happened on July 21.. and it's now Sept. 22, I sure don't see any grand jury or any criminal charges. That's over.
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He obviously did not use the blade in a manner taught by knowledgeable self defense experts.
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Gee gosh. What would we do without those 'experts'. See that is the whole point, if he was not trained by these 'experts', and he was FIGHTING FOR HIS LIFE, then it would be reasonable for him to gig that guy till he stopped attacking him.
I seriously doubt he will be sued.
Deaf