AlaFile E-Notice

63-CV-2012-900538.00 Judge: JAMES H. ROBERTS JR. To: HAYES JOSHUA PATRICK jhayes@princelaw.net

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA SARAH ELLEN GRIMES V. KRISTEN SABAN 63-CV-2012-900538.00 The following matter was FILED on 2/19/2014 11:10:02 AM

Notice Date:

2/19/2014 11:10:02 AM

MAGARIA HAMNER BOBO CIRCUIT COURT CLERK TUSCALOOSA COUNTY, ALABAMA 714 GREENSBORO AVENUE TUSCALOOSA, AL 35401 205-349-3870 magaria.bobo@alacourt.gov

ELECTRONICALLY FILED 2/19/2014 11:10 AM 63-CV-2012-900538.00 CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA MAGARIA HAMNER BOBO, CLERK

IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA

GRIMES SARAH ELLEN, Plaintiff, V. SABAN KRISTEN, Defendant.

) ) ) ) Case No.: ) ) )

CV-2012-900538.00

ORDER This matter came before the Court for hearing on the Defendants Motion for Summary Judgment on January 21, 2014. The Court having considered the Motion and Plaintiffs

Response, the Depositions of the parties, affidavits of witnesses, other evidentiary submissions and the arguments of counsel, and giving the Plaintiff the benefit of all reasonable inferences, hereby finds as follows: Law The Supreme Court explained the elements of assault and battery in Harper v. Winston County, 892 So.2d 346, 353-354 (Ala. 2004): The plaintiff in an action alleging assault and battery must prove (1) that the defendant touched the plaintiff; (2) that the defendant intended to touch the plaintiff; and (3) that the touching was conducted in a harmful or offensive manner. Alabamas self defense law is found in Section 13A-3-23 of the Code of Alabama. Section 13A-3-23(a) provides that A person is justified in using physical force upon another person in order to defend himself or herself from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he or she reasonably believes to be necessary for the purpose. Section 13A-3-23(b) of the Code of Alabama further provides that

A person who is justified under subsection (a) in using physical force and who is not engaged in an unlawful activity and is in a place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground. Finally, section 13A-3-23(d) reads A person who uses force as justified and permitted in this section is immune from civil action for the use of such force Therefore, under Alabamas Stand Your Ground Law, a person who was not the original aggressor, who reasonably believes that he or she is in imminent danger of unlawful physical force by another person, and is in a place he or she has the legal right to be does not have to retreat and is justified in using physical force to defend themselves so long as he or she uses that degree of force he or she reasonably believes is necessary for that purpose. Summary Judgment Standard Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Once the movant meets this burden, the burden then shifts to the nonmovant to rebut the movant's prima facie showing by substantial evidence. Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved. Findings In the early morning hours of August 29, 2010, the Plaintiff and the Defendant, along with some mutual girlfriends, returned to the Defendants apartment after a night of socializing at a local bar. As they sat in the kitchen discussing the nights events, an argument ensued between the Plaintiff and the Defendant, which prompted the Defendant to leave the room, go upstairs to her bedroom, and lock her door.

While in her room, the Defendant posted on Facebook, No one likes Sarah, yayyyyy! apparently in reference to the Plaintiff. Sometime later, the Plaintiff saw this post, became angry, went to the Defendants bedroom and began yelling and pounding on the locked door, demanding the post be removed. When the Defendant opened the door to her bedroom and attempted to show the Plaintiff her phone and that the post had been removed, the Plaintiff advanced toward the Defendant, got within inches of the Defendants face, and continued yelling. As the Defendant pushed the Plaintiff away, the Plaintiff grabbed the Defendant by the throat, and the physical altercation began. Conclusion The Defendant was in her home, locked in her bedroom, when the Plaintiff sought out the Defendant and initiated the confrontation. The Plaintiffs response to Defendants Facebook post was unreasonable and excessive. The Plaintiff initiated the confrontation when she sought out the Defendant after the Defendant had left the room where the argument had taken place, and by going to Defendants locked bedroom door yelling and demanding the post be taken down. When Defendant opened the door to an angry Plaintiff within inches of her face, it was reasonable for the Defendant to believe imminent use of unlawful physical force by the Plaintiff was about to be used against her. The Defendant had a right to be in her home, had no duty to retreat and had

the right to stand her ground. Therefore, the Defendant was justified in using physical force to defend herself from what she reasonably believed to be the use of unlawful physical force by the Plaintiff. Furthermore, the Defendant was justified in using a degree of force that she reasonably believed was necessary to repel the Plaintiffs use and threat of physical force. Due to these facts, Alabama Code 13A-3-23 presumes that the Defendants actions were justified and necessary to repel the use of physical force against her. The Plaintiff failed to

present evidence to rebut this presumption. Therefore, it is ORDERED, ADJUDGED AND DECREED that the Defendants Motion for Summary Judgment is hereby GRANTED with costs taxed as paid. DONE this 19th day of February, 2014. /s/ JAMES H. ROBERTS JR. CIRCUIT JUDGE