If the shooting is ruled a justifiable use of deadly force in self defense, then Martin's family is barred from bringing a civil suit.
But I do agree that what Martin's counsel is angling for is a trial, becuiase if there is a criminal trial, then the civil suit is not barred.
The real reason that there won’t be a civil suit is because Mr. Z is a turnip from which no blood may be squeezed. Unlike Mr. Heisman Trophy.
“If the shooting is ruled a justifiable use of deadly force in self defense, then Martin’s family is barred from bringing a civil suit.”
Now I’m really curious? Do the statutes in Florida barr a civil lawsuit if/when the prosecution declines to bring something to trial? Failure to prosecute is not, in my understanding, a “ruling” of justifiable homocide. It is merely a determination by a DA that it would not be easy to get a conviction and they therefore decline to prosecute. There have been cases in other states where it was a clear cut case of “justifiable homocide” but an over zealous DA prosecuted anyway. In Mr. Zimmerna’s case no judge or jury has “ruled” anything.
However, I’m not familiar with the Florida statutes or much of the law for that matter.
I do know that in my home state of OK, at one time, a “self-defense” permit was only for that purpose. Someone on a “neighborhood watch” that carried would be in deep trouble if they got into an altercation with a person they followed and then shoot even in clear cut self defense. For one, neighborhood watchers were clearly told by police they could not “carry” while doing that - even IF they had a “self-defense” permint. Basically, you had to have the cover of being a licensed and legally employed “Security Guard” to even remotely get away with use of deadly force....even then they expected a licensed and armed guard on duty to retreat and call for law enforcement unless it was not possible. Even then you were subject to prosecution.
“If the shooting is ruled a justifiable use of deadly force in self defense, then Martin’s family is barred from bringing a civil suit.”
I did some reading of Florida’s law, and now understand what you were talking about.
And regardless of Zimmermann's personal penury (assuming the inventive Crump couldn't find a way to rope in the well-to-do father), what may be wanted is instead a political trial with Republican Florida at the defendant's table, and the Stand Your Ground doctrine as prosecution Exhibit A.
The McGuffin will be the liberal wet dream, "Hateful gun-crazed Florida country-club crackers wrote a Murder Law to kill black children!"