Shimon v. R.B.
A civil defendant sued for sexual battery asserted the Fifth Amendment in resisting document discovery; the trial court entered a blanket order overruling the objection and imposing $1,000/day fines. The Third DCA granted certiorari and quashed that paragraph, holding that because the limitations period had not run, no immunity or double jeopardy protection existed, and a declination to prosecute for insufficient evidence can be reversed, the petitioner retained a reasonable fear of prosecution.
Key facts
- Civil defendant in a sexual battery case asserted Fifth Amendment privilege against self-incrimination in resisting document discovery.
- Trial court entered a blanket order overruling all Fifth Amendment objections and imposed $1,000 per day fines for non-compliance.
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Why it matters
Practitioners handling civil cases with parallel or potential criminal exposure (sexual battery, fraud, financial misconduct) can cite this for the proposition that a prosecutor's declination does not defeat a Fifth… — full analysis with a trial
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