“[Civil immunity] Doesn't exist in MA! You WILL be sued! You may win or lose.”
That will come as a great shock to anyone familiar with M.G.L. Chapter 231 Sec. 85U. As was noted above, this EXPRESSLY provides civil immunity against lawsuits brought by an unlawful intruder justifiedly shot in one’s home - or his estate.....
“I'll bet you still can find instances where they will sue . . . they probably sue under "civil rights violation" (aka termination of scumbag) in Fed'l Court.”
Really? I was not aware that conducting home invasions was among our “civil rights.” Moreover, there is no state action involved in a citizen defending his/her home against such invasion. I doubt any federal lawsuit based upon a civil rights violation would survive a Motion to Dismiss.
I await the recitation of such lawsuits - WITH citations and results.
As for the facts in the Shaffer case, here is what the court found:
COMMONWEALTH v. SHAFFER, 367 Mass. 508 (1975)
326 N.E.2d 880
Page 510
On the morning of the homicide, the defendant was having breakfast with the victim when an argument ensued. At one point, the victim rose, saying, "Never mind. I'll take care of you right now." The defendant threw a cup of tea at him and ran downstairs to the basement playroom, where the children were having breakfast and watching television.
Shortly thereafter, the victim opened the door at the top of the basement stairs and said, "If you don't come up these stairs, I'll come down and kill you and the kids." She started to telephone the police, but hung up the telephone when the victim said he would leave the house. Instead, he returned to the top of the stairs, at which time the defendant took a .22 caliber rifle from a rack on the wall and loaded it. She again started to telephone the police when the victim started down the stairs. She fired a fatal shot. More than five minutes elapsed from the time the defendant went to the basement until the shooting took place.
NOTE: The victim was NOT Shaffer's husband, from whom she was not yet divorced. It was her fiance.
Another successful "shack-up"........... [roll]