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September 26, 2017

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Florida Supreme Court further defines contours of "Stand Your Ground" law, does not protect from civil liability

September 29, 2017

In Kumar v. Patel, the Florida Supreme Court found that the "Stand Your Ground" law does not confer civil liability immunity to a criminal defendant based upon an immunity determination in the criminal case. In reaction to Plaintiff attacking him without provocation, Defendant struck Plaintiff’s face with a cocktail glass, resulting in permanent loss of sight in Plaintiff’s left eye. Plaintiff filed a civil complaint against Defendant, alleging battery and negligence. Defendant asserted the affirmative defense of immunity under the Stand Your Ground Law, arguing that the circuit court lacked jurisdiction over him based upon the circuit court’s conclusion that Defendant was immune under the Stand Your Ground Law in a criminal case involving the same facts and parties. The Supreme Court decided that the Stand Your Ground law does not confer civil liability immunity to a criminal defendant who is determined to be immune from prosecution in the criminal case.  Please call us at 561.810.1600, or email us at info@hswlawgroup.com, if you would like further information.

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