Arethea Hurbert, an incompetent person, by and through her guardian ad litem and next friend, Leslie Barineau v…

Summary

The court reversed summary judgments for Officer Green and the City because the trial court improperly treated the criminal court's stand-your-ground immunity ruling as creating a presumption that resolved the civil immunity issue and shifted the summary-judgment burden to Hurbert. A criminal-court judgment may have evidentiary value in a related civil action, but it is not dispositive and cannot replace the Rule 56 inquiry into whether a genuine issue of material fact exists. The court remanded for reconsideration of the claims and defenses without according presumptive effect to the criminal judgment.