Kumar v. PatelAnnotate this Case
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 complaint against Defendant, alleging battery and negligence. Defendant asserted the affirmative defense of immunity under the Stand Your Ground Law. Defendant then filed a petition for writ of prohibition, arguing that the circuit circuit 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 court of appeal granted the petition, ruling that Fla. Stat. 776.032 guarantees a single Stand Your Ground immunity determination for both criminal and civil actions. The Supreme Court quashed the court of appeal’s decision, holding 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.