Disir
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- Sep 30, 2011
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Beating a criminal rap thanks to Florida’s controversial Stand-Your-Ground law doesn’t automatically shield you from civil lawsuits.
That was the decision Thursday by the Florida Supreme Court, which said that “immunity” granted by criminal-court judges don’t apply to lawsuits filed in civil court.
Justices ruled in the case of a man named Nirav Patel, who struck a Tampa bar patron in the eye with a cocktail glass. A criminal-court judge ruled that Patel was acting in self-defense and granted him immunity from a charge of felony battery.
But the injured patron, Ketan Kumar, filed a lawsuit against Patel, who argued that the criminal court’s decision applied in the newly filed civil case. The local appeals court agreed.
The Florida Supreme Court, however, reversed the decision, ruling that a judge in a civil case would have to determine whether Patel was immune from a civil lawsuit.
Critics have long maintained that Florida’s 2005 Stand Your Ground law has fostered a shoot-first mentality among citizens and given criminals a pass at justice.
Stand Your Ground may protect you from criminal charges – but not lawsuits
Which is in line with other laws in the state. Looks like a convoluted mess to get to something that is not that surprising.
That was the decision Thursday by the Florida Supreme Court, which said that “immunity” granted by criminal-court judges don’t apply to lawsuits filed in civil court.
Justices ruled in the case of a man named Nirav Patel, who struck a Tampa bar patron in the eye with a cocktail glass. A criminal-court judge ruled that Patel was acting in self-defense and granted him immunity from a charge of felony battery.
But the injured patron, Ketan Kumar, filed a lawsuit against Patel, who argued that the criminal court’s decision applied in the newly filed civil case. The local appeals court agreed.
The Florida Supreme Court, however, reversed the decision, ruling that a judge in a civil case would have to determine whether Patel was immune from a civil lawsuit.
Critics have long maintained that Florida’s 2005 Stand Your Ground law has fostered a shoot-first mentality among citizens and given criminals a pass at justice.
Stand Your Ground may protect you from criminal charges – but not lawsuits
Which is in line with other laws in the state. Looks like a convoluted mess to get to something that is not that surprising.