Guys,
There's another layer of complexity - Indiana doesn't have an official record of legislative intent. It is not too harsh to say that it absolutely doesn't matter what the author(s) of the legislation intended, it only matters what was written. The courts will only look at the same letters, words, and sentences that you are. Then, they will interpret them within the framework of whatever case is before them.
So, getting back to my prior post, I am not familiar with any case in Indiana that interpreted that statute in the context of a civil suit brought against someone who claimed protection from a civil suit under that statutory provision. We won't know the answer unless and until that kind of case gets brought.
That's a long way of saying, "Your guess is as good as mine."
Getting back to KF's point, there is no law out there that will prevent you from being sued. At that point, it depends on the facts, the lawyers, and the court (and the court of appeals) to decide whether you are protected.
There's a phrase "issue of first impression" to signal when a court is looking at an issue for the first time. As far as I am aware, a self-defending defendant in a civil suit from the would-be-aggressor plaintiff, would be such an issue of first impression in the Indiana appellate courts.
I am open to correction on this, though, as I've not researched it. If someone wants to hire me to do that, we can make those arrangements. But, the answer may still end up being, "It depends."
My thought runs like this: Much time and thought was invested to craft this legislation (hopefully all legislation).
So, that means dressing up like Printcraft's avatar, right?
I've researched it on Lexis and find no cases referencing that section.
Guys,
There's another layer of complexity - Indiana doesn't have an official record of legislative intent. It is not too harsh to say that it absolutely doesn't matter what the author(s) of the legislation intended, it only matters what was written. The courts will only look at the same letters, words, and sentences that you are. Then, they will interpret them within the framework of whatever case is before them.
So, getting back to my prior post, I am not familiar with any case in Indiana that interpreted that statute in the context of a civil suit brought against someone who claimed protection from a civil suit under that statutory provision. We won't know the answer unless and until that kind of case gets brought.
That's a long way of saying, "Your guess is as good as mine."
Getting back to KF's point, there is no law out there that will prevent you from being sued. At that point, it depends on the facts, the lawyers, and the court (and the court of appeals) to decide whether you are protected.
There's a phrase "issue of first impression" to signal when a court is looking at an issue for the first time. As far as I am aware, a self-defending defendant in a civil suit from the would-be-aggressor plaintiff, would be such an issue of first impression in the Indiana appellate courts.
I am open to correction on this, though, as I've not researched it. If someone wants to hire me to do that, we can make those arrangements. But, the answer may still end up being, "It depends." [/COLOR]