Court: Split criminal, civil ‘stand your ground’ cases

TALLAHASSEE — Winning a “stand your ground” hearing to avoid criminal prosecution in Florida doesn’t automatically grant immunity from civil suits, the state Supreme Court ruled Thursday in a case over a barroom fight.

Despite language in state law that gives civil liability protections to people who use force to defend themselves, a hearing that finds someone immune from criminal prosecution can’t be applied in civil court, the ruling says.

The case involves an incident at a Tampa bar in which Ketan Kumar attacked Nirav Patel without provocation, according to court documents. Patel responded by hitting Kumar in the face with a cocktail glass, causing Kumar to permanently lose sight in his left eye. Patel was charged with felony battery, but was granted immunity under Florida’s “stand your ground” law, which allows people to use force to defend themselves.

Then Kumar sued Patel, and Patel’s lawyer said the case should be thrown out because of protections in the law. An appeals court agreed.

But the Supreme Court says a separate immunity process is required for civil cases. Among the reasons: The Legislature never clearly stated that one hearing would cover both criminal and civil cases, the law spells out that civil plaintiffs have to pay defendants’ legal fees if defendants successfully argue they acted in self-defense, and a new law last year created a different burden of proof in criminal cases.

Patel’s lawyer expressed surprise, saying the Legislature intended to protect people who use self-defense from all court proceedings, not to make them defend their actions twice.

“Immunity is immunity — you either have it or you don’t. It’s like you’re pregnant or you’re not pregnant,” said attorney Steve Romine.

He said he’s confident Patel will prevail in the civil “stand your ground” hearing, too.

Kumar’s lawyer didn’t respond to a message seeking comment.