Assault suit against coach Nick Saban's daughter reinstated; trial judge had cited stand your ground
The Alabama Supreme Court has reinstated a civil assault-and-battery suit against Kristen Saban, the daughter of University of Alabama head football coach Nick Saban, stemming from a physical altercation with a sorority sister.
The court found in its opinion (PDF) that material issues of fact had not been resolved, and the case filed against Saban by a former sorority sister should be allowed to proceed, Al.com and the Associated Press report.
A trial judge in Tuscaloosa had tossed the suit in February, ruling that Saban was protected by Alabama’s stand-your-ground law. The plaintiff, Sarah Grimes, had claimed Saban was the first to use physical force, slamming Grimes’ head into the door frame and punching Grimes in the face at least five times. Saban, however, says the physical fight began after Grimes grabbed her by the throat.
The trial judge said Grimes initiated the confrontation when she pounded on Saban’s bedroom door, demanding that Saban take down a Facebook post that read, “No one likes Sarah, yay.” When Saban opened the door, Grimes came within inches of Saban’s face, the trial judge said. Saban had a right to stand her ground, the trial judge said, and had no duty to retreat.
The state supreme court didn’t reach the stand-your-ground issue, finding instead that Grimes’ deposition testimony raises genuine issues of material fact. “The facts as to how the altercation began and the extent of it are disputed,” the court said.
