Have Trayvon Martin's parents sued Zimmerman in civil court

[Lex]

for wrongful death yet? I certainly hope so, regardless of the criminal case verdict.

[glowing]

1. I doubt it. That wouldn't happen until a criminal case is over.

[Lex]

4. Actually it can happen anytime. No need to wait. The verdict

in the criminal case doesn't mean much at all in the civil case.

[MidwestTransplant]

36. You can use a conviction as evidence in the civil case I think.

[hrmjustin]

2. I read somewhere here that if he is found Not guilty because of stand your ground and self-defense

that he can't be sued in FL.

[Lex]

3. No, the law cannot take away his parents right to sue in civil court. nt

[hrmjustin]

6. I certainly hope so.

As I said I read it here from a poster so I do not put much stock in it.

[hack89]

11. Florida law does exactly that when it comes to self defense cases

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html

[BronxBoy]

15. I have read that statute several times....

and I'm not a lawyer but I can't see where the thing says that a suit can't be brought. It even provides remedies if a court determines that a suit is ineligible to be brought.

Can anyone with a better understanding explain what exactly this law says.

Thanks

[hack89]

19. A law suit is a civil action

if it is determined that Z used deadly force properly in accordance with Florida law then he is immune from civil actions.

[BronxBoy]

23. OK....

So why insert the language under #3. That's what's confusing me. It looks like its implying that a suit can be brought but there will be a heavy, heavy financial price to pay if the court deems the suit without merit. That's the part I don't understand.

Als, do you know if this has ever been tested in the courts?

Thanks

[hack89]

25. Perhaps to deter SLAPP suits?

Some groups will sue even if they know they will lose in an attempt to bankrupt the defendant.

I don't know if it has been tested in court.

[BronxBoy]

32. Thanks n/t

[oldhippie]

26. It does in Texas

And it seems to in Florida as I read the law.

[hack89]

13. That is true - here is the appropriate Florida statute

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html

[Lex]

27. Ah, so the recourse is against the HOA then. nt

[LaydeeBug]

28. They have already settled with the HOA for a million dollars. nt

[hack89]

30. The HOA was sued and have settled already

http://www.nytimes.com/2013/04/06/us/trayvon-martins-parents-settle-wrongful-death-suit.html?_r=0

[1monster]

17. This is not a "Stand Your Ground" case. Although the defense originally planned to defend

Zimmerman using the SYG law, they later chose not to do so.

[hrmjustin]

20. I hope he is found guilty and they sue his butt off.

[Just Saying]

5. I believe it's in the works

But there seems to be some difference of opinion about whether or not they can based on FL law if Zimmerman is acquitted. I don't know for sure.

They did however, sue and get a settlement from the Home Owners Association.

[Lex]

8. I've never heard of a state circumventing a plaintiff's right

to sue in a civil matter because of a criminal case of the State's. The State is the complainant in the criminal case, not Trayvon's parents.

[Just Saying]

16. I honestly have no idea if it's true.

Gun nuts have been saying it.

[Lurks Often]

18. There is similiar language in other states as well

and to the best of my knowledge it has held up to court challenges.

[GiaGiovanni]

7. The arrest alone makes civil suits against Zimmerman and the HOA possible

The HOA is already being sued.

[Lex]

9. Good. The HOA would have the deep pockets anyway.

But a big judgment against Zimmerman wouldn't hurt either (like OJ has against him).

[Blackford]

10. The HOA already settled

for an undisclosed amount that is greater than $1 million.

[GiaGiovanni]

29. No kidding.

I had not heard that it was settled already.

[Blackford]

31. Yep, reported by Huff Post

http://www.huffingtonpost.com/2013/04/05/trayvon-martin-wrongful-death-suit_n_3022300.html

[GiaGiovanni]

34. Thanks.

Was anything said about the way they train neighborhood watch?

[Blackford]

38. Not really. The agreement is mostly confidential. n/t

[hack89]

14. If acquited he is immune from civil suits in accordance with Florida law. nt

[hack89]

22. No - it is for any justifable use force including defense of self, home or another person.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html

[hack89]

45. Defense of self, home and others. nt

[BronxBoy]

41. That clears things up quite a bit.....

So a big question is whether a criminal trial with a result of not guilty translates into a finding of justification. In 95% of cases that would probably be true. But I can certainly see a case where a jury says "Look. we don't have enough evidence to convict on these charges but we are certainly not saying that the person had the justification to do what he did"

[BronxBoy]

39. I still don't get this...

The statute says that if the person was justified as laid out in the first 3 sections in the 1st section that that person would be immune from both criminal and civil prosecution. We don't have those 3 sections but Mr. Zimmerman did indeed have to face a criminal trial. Did he not meet the criteria laid out in those sections? And if he didn't, why would he then be immune from a civil suit?

I'm curious as to whether the a not guilty verdict at trial is translates into justification.

I get what they were trying to do with this law. If you break into my house and I shoot you why should the victim or their family profit from that. Just seems this law is poorly worded or I'm just missing something. I keep hearing that this law gives blanket immunity to Mr. Zimmerman if he's found not guilty but the law or at least what I've seen of it is absolutely silent on the subject of criminal proceedings.

[PoliticAverse]

42. Zimmerman had to face the criminal trial because he waived the pretrial hearing on immunity.

“By not having a pre-trial hearing, George preserves his right to petition the court for criminal and/or civil immunity at the time of his choosing,” O’Mara says.

http://blogs.lawyers.com/2013/05/zimmerman-foregoes-self-defense/

[BronxBoy]

44. Thank you...

So if that's correct. Then the Martin family can indeed bring a suit until such time that Mr. Zimmerman petitions the court for immunity and is granted such by the court. Is that correct?

If so, that's a far cry from saying he has immunity if he's acquitted

[Tx4obama]

37. The Martin family is planning on filing a civil claim againt Zimmerman at a later point, see below

Trayvon Martin's Family Settles Wrongful Death Suit (with the Home Owners Association)

Trayvon Martin's family has reached a settlement in a wrongful death suit they filed against the homeowners association of the sub-division where Martin was killed, the Orlando Sentinel reports.

-snip-

Portions of the settlement released Friday do not specify how much money Martin's family will receive, but according to the Sentinel, the figure is believed to be in excess of $1 million. The settlement does, however, state that Zimmerman is not part of the agreement. Lawyers for Martin's family have made it clear that they still plan to file a civil claim against Zimmerman at a later point.

http://www.huffingtonpost.com/2013/04/05/trayvon-martin-wrongful-death-suit_n_3022300.html

[Spitfire of ATJ]

40. They are more likely to sue the police for letting Zimmerman go...

The real absurdity is if Zimmerman gets off he may sue the police for false arrest.