Case for Castle Doctrine Laws
The man shot by a Janesville doctor in what authorities think was a burglary of the doctor’s home has sued the doctor for negligently using excessive force.
Kurt Prochaska, 39, Janesville, still is awaiting trial on charges of burglary and felony criminal damage because of events late on the night of Oct. 31, 2005, when, police reported, he crashed through the ceiling of Michael Rainiero’s home, 2520 Linden Ave., Janesville, in an attempt to burglarize the home.
September 27th, 2006 at 10:39 am
As per the article:
“Rainiero then returned to his bedroom, retrieved a handgun from the closet, released the trigger lock, he then called out to his wife to call 911, whereupon he then returned to the hallway, his hands were shaking badly, he knelt down, yelled at the intruder to leave, in a split second he decided to fire the weapon towards the subject because he wanted him to leave.
“Rainiero negligently fired a shot and accidentally hit the plaintiff in the back, severing the plaintiff’s spinal cord.”
The lawsuit alleges Rainiero’s negligent use of excessive force “in dealing with the intruder/plaintiff” harmed Prochaska by causing “severe and permanent injuries, severe and relentless pain” and medical expenses, loss of earning ability and diminished quality of life.”
This little article certainly lifted my spirits this morning.
Sounds to me like Dr. Rainiero needs a little range time to work on double taps, Mozambique method, etc.
We don’t need criminals suing home and business owners for their work-related injuries.
I concur with the advisability of the Castle Doctrine.
I hope that our General Assembly will take it up next year.
September 28th, 2006 at 8:21 pm
Ditto, should’ve killed the asshole
September 30th, 2006 at 6:25 pm
I believe in Texas, this would be a non-issue. Homeowners have the right to fire upon any intruder, even if they are outside at the door, in the process of breaking in.