A Florida appeals court has ruled that prison staff can use the state's Stand Your Ground (SYG) law as an argument to justify beating inmates in "self-defense." Even though SYG prevents police officers from using it this way, it does not block prison guards from seeking immunity under SYG.
This ruling arose out of the case involving a prison guard who allegedly inflicted multiple skull fractures on an inmate at Lake Correctional Institute. Although the guard was fired and charged with aggravated assault, he invoked SYG to justify the severe beating, claiming he was under no obligation to retreat.
Because of occupational risks, police and corrections officers are already better protected from civil and criminal charges than the general public. Since a provision of SYG excludes police from invoking this law, that same provision should also exclude prison guards from doing so, because a law separate from SYG already provides for guards’ self-defense and use of force.
The new ruling may still be appealed to Florida’s Supreme Court, but if it’s not overturned, who will protect inmates who must rely on guards for their protection?
Ask Florida to close the Stand Your Ground loophole and protect the rights of people who have been incarcerated!
We, the undersigned, say the Florida appeals court misinterpreted the intent of Florida’s Stand Your Ground Law by extending immunity to prison guards.
According to Think Progress, prison guards and police officers already enjoy broader protections because of occupational hazards, and since police are excluded from invoking SYG as a defense, then correctional officers should be excluded as well.
It seems clearly a mistake to allow a correctional officer like the one who allegedly inflicted multiple skull fractures on a Lake Correctional Institute inmate to be protected from charges of aggravated assault or excessive brutality when sufficient protections for guard self-defense are already in force.
We request that the Florida Supreme Court close the loophole in the state’s Stand Your Ground Law so that people who are incarcerated are properly protected from unnecessary violence and violations of human rights.
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