“Many states extend legal immunity actions that are found to be justified in the criminal courts. “ Gun Watch.
The mother of Bo Morrison, who was killed by a Slinger man when Morrison hid in the man's house while fleeing from an underage drinking party, has filed a lawsuit against the man and his insurance company.
Washington County District Attorney Mark Bensen declined to charge the homeowner, Adam Kind, with a crime in the March 2012 incident, finding Kind acted in self-defense.
The incident prompted numerous protests about "the castle doctrine," adopted by legislators the previous year, but Bensen said Kind would have been cleared even without the law's extra presumptions in favor of residents using deadly force in their homes against intruder.
The wrongful death lawsuit, filed in Milwaukee County Circuit Court, also includes claims of battery, negligence, pain and suffering, and loss of companionship. The suit also seeks punitive damages from Kind, because he "maliciously and intentionally disregarded plaintiffs' rights."
The suit is on behalf of Lauri Morrison, both individually and as the administrator of her son's estate. She is represented by Milwaukee law firm Gimbel, Reilly, Guerin & Brown.
"Bo's death was a tragedy that could have been avoided," attorney Christopher Strobehn said. "This is our first step in attempting to obtain justice for Bo and his family in the civil courts," where he expects legal hurdles.
"We will not forget Bo and are eager to advance this matter to achieve justice for Bo and his family at a trial."
Morrison, 20, of West Bend, was hiding inside Kind's darkened porch about 2 a.m. when Kind got a gun and went to investigate noises. Kind told police that Morrison was crouching behind a refrigerator when Kind asked what he was doing there. Kind said he fired when Morrison stepped toward him and raised his arm.
Kind's attorney said Wednesday he was confident his client would again be found to have been justified.
"It is unfortunate that another chapter in this sad incident has to be written, nearly three years after the fact, and after the Washington County DA determined that Mr. Kind acted in lawful self-defense," attorney Craig Mastantuono said. "As Mr. Kind has repeatedly stated, he feels terrible about Mr. Morrison's death, and regrets that he must again have his actions scrutinized in the legal system for an event that was caused by another person's entry to his home as he and his family were sleeping."
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