Jared B. Goudy v. Jennifer E. Caluori
DueProcess FourthAmendment
Was Petitioner's Constitutional Rights to due-process violated when the trial court found the Respondent immune and dismissed the complaint?
QUESTION(S) PRESENTED Florida's Second District Court of Appeal affirmed the Twelfth Judicial Circuit's dismissal of Petitioner's case. Following an evidentiary hearing, the lower tribunal dismissed the complaint, holding that the Respondent was immune from civil action based on Florida's Stand Your Ground Law, Fla. Stat. 776. Section 776.012(2) states, in pertinent part, that: “A person is justified in using or threatening to deadly force if ... she reasonably believes that using or threatening to use such force is necessary to prevent . imminent death or great bodily harm to herself...” (emphasis added) 776.032(1) states, in pertinent part, that “A person who uses or threatens to use force as permitted in 776.012... is justified in such conduct and is immune from ... civil action for the use or threatened us of such force...” However, at the evidentiary hearing there was no evidence adduced to support a finding that the Respondent was in imminent danger or that she could have reasonably believed that turning her car around, driving approximately 50 yards, and purposely striking the Petitioner with her vehicle as he was walking away from her and back to his house was necessary to defend herself. Furthermore, the Respondent was statutorily prohibited from asserting immunity because she engaged in the criminal activity of driving under the influence. Was. Petitioner's Constitutional Rights to due process violated when the trial court found the Respondent immune and dismissed the complaint? + > \ .