Patel v. Kumar

NORTHCUTT, Judge.

Nirav C. Patel has petitioned for a writ of prohibition to prevent the circuit court from proceeding in a civil action against him. He claims immunity from the suit under Florida’s so-called Stand Your Ground .law, section 776.032(1), Florida Statutes (2008). The issue is whether someone who has successfully demonstrated that he has such immunity in a criminal proceeding must prove it again in a subsequent civil suit. We conclude that he need not do so, and we grant Patel’s petition.

Patel was attacked by Ketan Kumar without provocation in a Tampa bar. Patel responded by…