Many states extend legal immunity actions that are found to be justified in the criminal courts.
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."
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