The Kentucky Court of Appeals recently handed down an opinion reversing a Jefferson Circuit Court decision on the applicability of Kentucky’s Stand Your Ground Law. In a wrongful death case filed in Jefferson Circuit Court, the defendants filed motions for judgment on the pleadings claiming immunity under Kentucky’s Stand Your Ground Law, as immunity had been granted in a sister criminal matter. The trial court denied the motions for judgment on the pleadings and the defendants appealed the matter.
In an opinion that is to be published, the Court of Appeals reversed the trial court’s rulings, finding that if an individual is found to be criminally immune from prosecution under KRS 503.05, that individual is also immune from civil litigation on the same facts. The Court of Appeals reasoned that the language of KRS 503.085 creates a unique situation where collateral estoppel may apply between civil and criminal issues and in the case at hand applies to preclude the action. The full opinion can be found here: KY Court of Appeals- Stand Your Ground Law