There are many stories where innocent victims of crime wind up in trouble for defending themselves. Just because you legally defend yourself does not mean the trouble is over. It may be just the beginning. Remember, you can be sued for anything at any time.
Here are three stories where the innocent person was victimized again by the bad guy and faced a lawsuit for their lawful actions.
90-Year-Old Shooting Victim Sued for Shooting Burglar
One Tuesday morning, in January 2012, Samuel Cutrufelli, a 30-year-old convicted felon, broke into Jay Leone’s home and stuck a gun to his head. Leone, a 90-year-old resident of the small unincorporated community of Greenbrae (just north of San Fransisco), was tied up, and Cutrufelli began ransacking the home, looking for loot. Leone convinced the home invader to allow him to use the restroom, where he retrieved a handgun he kept hidden in the toilet tank and confronted Cutrufelli.
Cutrufelli responded by shooting Leone in the face. Seriously wounded, Leone was able to return fire and wounded Cutrufelli. Cutrefelli was able to wrestle the gun from Leone’s hand and put it to Leone’s head, pulling the trigger. Fortunately, the gun was out of ammo. He fled the scene but was caught a short distance away. Both were taken to the hospital, where Leone underwent weeks of hospital care.
Cutrufelli was convicted of burglary, robbery, assault with a deadly weapon, possession of stolen property, possession of a firearm by a felon, and two counts of attempted murder.
But that was not the end of the story.
While waiting for his sentencing hearing, Cutrufelli filed a civil lawsuit against Leone. His case blames Leone for “negligently shooting him, causing great bodily injury, which led to him losing his home and to his wife filing for divorce."
Leone had to spend money hiring an attorney to defend against this lawsuit. At a court hearing on the case, the judge said there was no “negligence” on the part of Leone since he hit what he was aiming at! He then dismissed the case.
Oh, by the way, Cutrufelli was sentenced to life in prison.
“Target” Takes Aim at Hero
Michael Turner, 50, was shopping at the big box chain store, in Pennsylvania back in 2013, when he came to the defense of a 16-year-old girl.
A mentally ill man, Leon Wells, 44, rushed into the store while being pursued by a group of men after stabbing their friend a few blocks away. Wells grabbed the young girl as a hostage. He stabbed her twice and then held a knife to her throat, threatening to kill her.
Turner was not going to let that happen, so he rushed Wells and wrestled him away from the girl and held him till police arrived. The girl was not severely injured and survived. Her mother believes Turner to be a hero.
Target, on the other hand, thinks otherwise. After the young girl’s mother sued Target for lack of security, Target filed a claim against Turner, asserting Turner caused 'unreasonable risk of harm to others' when he helped capture the attacker.
The company claims in its suit that the pursuit of Wells into the store is what ultimately led to the teen's stabbing.
“The public policy that they’re (Target) eliciting as a result of their actions is reprehensible,” says Turner’s attorney, Todd Hollis. “What they’re actually saying is for any bystander who attempts to help another that you subject yourself to being sued.”
After three years of court battles, Target reached a confidential settlement with the mother and Turner and the case was dismissed.
This Fast-Food Robber was Hungry . . . for Revenge!
A Delaware man attempted to rob a pizzeria at gunpoint one evening a few years ago when he encountered some unexpected resistance.
Nigel Sykes, 20, entered the Seasons Pizzaria in Newport, DE, with the intention of robbing the store and its employees. He brought a gun along to persuade cooperation. After all, he had done this several times before, having robbed a bank, three other pizzerias, two fast food restaurants, and two convenience stores. Apparently, he had found his “career path.”
This time, however, the employees were not going to let Sykes get away with it. They tackled him and wrestled him to the ground, causing the gun to discharge. Fortunately, nobody was hit by the errant shot.
Sykes was arrested, charged with robbery, attempted robbery, and three weapons counts. He was convicted, and sentenced to 15 years in prison. While in prison, Sykes filed a federal lawsuit against the pizzeria, its employees, and the two arresting officers, claiming he was “beaten unnecessarily.” Really?
The U.S. District Court judge threw out several of Sykes’ claims but allowed the suit to go forward against the named defendants, each of whom had to hire attorneys to fight the suit in federal court.
Keep the Protection You Need . . . and Deserve!
Lawsuits such as these do occur and they can be extremely costly to defend against. Fortunately, for Members of U.S. & Texas LawShield, such financial devastation is avoided.
By maintaining your membership with U.S. LawShield, you have the peace of mind knowing that your attorneys’ fees are covered 100% for criminal charges and civil lawsuits resulting from your actions in a legal self-defense situation. Just another of the many benefits your membership provides.
Your Protection Starts Here!
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Ok I’ll be the first. I’ll admit I did not read all of these 3 self defense situations. If they are in fact actual self defense situations, then why in the hell is there a discrepancy about them? Why is the defender being questioned for defending their self? It’s a constitutional right to protect one self as well as loved ones.Now we have to protect ourselves first physically to survive just so we can protect ourselves against the attacker legally when they sue us for injuring them for attacking us. Absurd. I am a member of US & Texas Law Sheild
Would Michael Turner from the Target incident and the pizzeria employees have been covered by Texas Lawshield in these instances? Even though they didn’t use a weapon themselves?
That’s a great question, and the is answer is yes he would have been covered. Texas LawShield covers any legal weapon, including using your hands when you legally defend yourself or a third party.
Why did the judge let the case go forward?
This is why Americans get upset over
what judges do.
That’s a great question, and the is answer is yes he would have been covered. Texas LawShield covers any legal weapon, including using your hands when you legally defend yourself or a third party.
That’s great info, you should publicize that more. Adds value to the membership.
When a person does the right thing in self defense or the defense of others, we battle the criminal as well as the justice system(oxymoron). there is no great incentive to do
so, yet we do because it is the proper response
of a responsible law abiding citizen.
Manuel, you’re right on both counts, of course. Although I’m not an attorney, the last I heard just about anyone can sue anyone else [or any business] for just about anything, as civil and criminal law exist side by side but operate separately. Oftentimes, lawsuits wind up going nowhere, but as in each of these cases the criminal had little or nothing to lose it probably made sense [in an odd, twisted way] for the criminals to sue. Just my thoughts. Maybe a US and Texas Lawshield attorney can shed further light on this.
Thanks for the comment, Eli. You’re correct that it is possible to get sued with very little or no merit to the lawsuit at all.
Who is paying for the original suite being filed by these criminals? Have the bad guys got that much money? Who are the sleazebag lawyers that “represent” these convicted criminals?
The US legal system is sadly in need of major overhaul in the realm of frivolous lawsuits. Target’s behavior is a symptom of a victim mindset that’s infested our country where accountability and responsibillity don’t exist anymore and one of the best reason for being a member of US/TX Law Shield. That case is one of a long list of reasons I won’t shop at target anymore.
I believe the prisoners are appointed attorneys, if they request/require them, when they are placed in prison. Likely “bottom of the barrel” lawyers, I think. Someone correct me if that is incorrect
Thanks for your comment, Emily. Accused inmates who cannot afford an attorney may be eligible for an appointed criminal attorney. The standards for whether someone qualifies financially for an appointed attorney are harder to meet than most people would assume. The quality of the attorney varies by the attorney. Some of them are actually very good. But filing a civil lawsuit is outside the scope of what the taxpayer pays that attorney to do for the accused.
This is so CRAZY….
It’s bad enough if you ever get into this spot and, have to defend yourself or a third party.
But to even think…now you have to defend yourself and relive it all over again (against lawsuits).
From a convicted felon with a long Criminal record.
The lawyer that filed this suite (IF a lawyer filed? I maybe wrong, but don’t think you have too have a lawyer to file a suite.) Should be before the bar to have his lic. Reviewed. Items like this should have never even made the docket. A complete waist of resources., clerk and judge payroll, undue stress on the victim AGAIN!!!
Wow….. what happen to this country?
Hey everyone –
Chief Jarrett here at Ranger Protection Agency TXDPS C13832. This is EXACTLY why I have Texas Law Shield for my wife and I and their Security Officer coverage as well. I am a Commissioned Security Officer and a PPO Officer and the advice here is 100% correct (but keep in mind EVERY situation is different). Any of us can be sued for just about anything. However, to the comment “what happened to this country” – we did – all of us who have the desire to carry and protect ourselves and if need be, protect others. It is not a perfect world and carrying/helping others can come at a cost. For me, Texas Law Shield is a necessity. I teach all my Officers and friends and family that carry that any situation that you enter into, no matter what the reasoning, you OWN it and that’s not an easy burden to carry sometimes. But if weren’t for all of you .. US .. our country would be a lot less safe and it is true that is takes a good guy with or without a gun to stop a bad guy etc. My advice is plan ahead with coverage, and I’m just a member that really believes in the need for this coverage, but this kind of thing does happen with outcomes none of us could ever predict. Therefore I really rely on TLS to get my back because the true bigger issue is “what would happen to the country if those of us willing, stopped helping those that may not be able or cannot help themselves when in dire need”. We are one of the LAST countries that is armed. I cherish that right (right – not privilege). I hope you guys would protect me if someone was attacking me in my private life or on duty. I would rather be that guy for you, and you for me, than stand idly by and let bad things happen when no one else is around to help. And it happens more than you think. It is true that help is usually minutes away when seconds count. We are the seconds y’all. And, albeit it’s a risk, it’s worth it to me. And thank all of you for carrying because I know when I’m working I feel much better knowing someone PROBABLY has a gun around me somewhere that would do for me what I try so hard to do for everyone. You are all hero’s as far as I am concerned. Anyway, just a thought from the armed peanut gallery :) Thanks for letting me post a thought. And hey – support each other. An unarmed country means you wake up everyday with someone else deciding whether you are protected – or NOT!! Don’t forget that in our imperfect system.
After reading these accounts it reaffirms my decision to have law shield, twice I hit the wrong speed dial on my cell, after one ring I ended the call, only to get a call back from Law Shield to ask if everything was okay. That shows the promptness of Law shield. thanks
Thank you ALL who carry! & thanks to Chief Jarrett for all you do too!
how do you sue someone for pushing you dest in Scholl