Posted on 10/01/2006 9:28:04 PM PDT by baldeagle390
MILWAUKEE -- A Janesville man who admitted breaking into a home is suing the homeowner who shot him.
Kurt Prochaska, 39, was on probation last fall when he admitted he broke in to a home and was shot by the homeowner, but that's not stopping him from going after cash through the courts.
Late last year, the Rainiero family awoke to find Prochaska in their home. Michael Rainiero, a doctor, ordered Prochaska to leave. He didn't and was shot in the back.
Nearly a year later, Rainiero's attorney said it's far from over because Prochaska is suing him from beind bars, saying the doctor didn't need to shoot him.
"What the doctor wants is this whole ordeal to be ended and done with," Rainiero's attorney said.
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn't specify a damage amount.
Rainiero claims he shot Prochaska in self-defense.
"The doctor was asleep in his bed when an intruder came into his home and put his life, his wife's life, and his two kids' lives in jeopardy," Rainiero's lawyer said.
The lawyer added that Rainiero showed restraint, not excessive force, in dealing with Prochaska. Although, he had an entire magazine of bullets, Rainiero fired only once.
The Rock County district attorney agreed, long ago ruling the shooting was justified. Still, Prochaska is able to move ahead with the suit.
"Judges like to give everyone their day in court. No matter how absurd it might seem, this gentleman has a right to have a day in court. And so, my job is to make sure that that day in court is a very short day in court," Rainiero's attorney told 12 News reporter Nick Bohr.
A hearing on the suit is set for next month. Prochaska's attorney did not wish to comment on the case.
If the case is thrown out, Prochaska can be forced to pay up to $500 of the legal expenses.
Odd turn of events.
I just learned a lesson. Empty the clip.
It's a good thing that Florida's new castle doctrine law expressly forbids those kinds of suits. Looks like Wisconsin has some cutting and pasting to do. Then a veto to override, a bill to refile, another attempt ...
Not surprising.When you consider that the left thinks terrorists should have more rights than we, as citizens, do, who is surprised when they think that criminals should have more rights than victims? It's the propaganda of good=evil and evil=good. Sad state of affairs in the greatest nation on God's green earth.
The unfortunate thing is that the homeowner didn't kill this perp. There have been similar cases and the bad guy usually wins because he is disabled for life and cannot work because of the homeowner's actions.
magazine, not a clip
ping
The criminal shouldn't be able to sue to begin with, but yes, if your life is in danger, don't go for a single shot. If this convict had a gun, he wouldn't have hesitated.
And never, ever call the police afterward.
And put a knife in his hand....
All IMHO, of course.
Not really. If the perp was killed, it's likely his family would file civil suit. You know, for loss of income, loss of consortium, the usual.
Wrong! The perp is alive! Three shots center of mass and do not use full metal jacket. Might I suggest the fine line if ammunition from Corbon. They make very good stuff.
Ping
"magazine, not a clip"
Obviously a man that knows what a Garand is!
Dead perps can't sue!
Pretty good incentive to try a suit if you're inside. Is the defendant's liability also $500 ? Bet it's not. Like all the apochryphal stories say, shoot to kill.
Why can't you counter sue the perp for the mental anguish, loss of consortium (say if the wife doesn't feel safe to have sex in the house), etc that his crime caused.
I do find it funny that he is also claiming loss of future earnings. I imagine the cross examination: "and how many robberies per night did you plan to commit, and what was the average take?"
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