Joe Schilling has been granted immunity from a civil lawsuit filed by Justin Balboa, whom he knocked out in a Florida restaurant, due to the state’s Stand Your Ground law.
Joe Schilling has been granted immunity from a civil lawsuit filed by Justin Balboa, the man he knocked out in a Florida restaurant. In an April 19 filing, Broward County (Fla.) circuit court judge Fabienne E. Fahnestock found Schilling was justified in striking Balboa under the state’s Stand Your Ground law because he “reasonably believed” Balboa “posed a threat of great bodily harm to himself.” Fahnestock wrote in the court order that Schilling used only such force necessary to neutralize the threat and is therefore entitled to immunity.
Schilling’s attorney, David Katz, stated that the decision was “a complete and total victory for Schilling, who was widely criticized in social media after this incident occurred.”. Balboa’s attorney Rich Conforti did not immediately respond to a request for comment. Schilling filed for immunity under Florida’s Stand Your Ground law this past June after Balboa filed a lawsuit against the Bellator MMA vet, claiming he was “viciously attacked, physically struck and assaulted” during an altercation at B Square Burgers in Fort Lauderdale, Fla. Balboa also sued the restaurant’s corporate parent for negligence in allowing the incident to take place.
In the video of the incident, Balboa is shown talking to patrons and bumps into Schilling, who moves him to the side and continues to walk. Balboa appears to verbally signal Schilling, prompting him to turn around. Balboa then appears to fake a punch and lunge slightly at Schilling, who knocks him out with a pair of punches. Balboa, speaking to police later, identified 6-foot-3 middleweight Schilling as a 6-foot-5, 270-pound assailant that “cracked” him for no reason, “chased me down” and “beat my ass.” Fahnestock found that Balboa was “boisterous,” “calling attention to himself,” and admitted he was intoxicated after several shots of alcohol and beer.
Judge Fahnestock found Balboa’s “feinting gesture towards Schilling” made the professional fighter believe he was about to be punched. Schilling returned to his table once he believed the threat was neutralized, paid the bill, and left the restaurant. Balboa plans to contest the ruling, but Katz, Schilling’s attorney, says Schilling is now “100 percent in the clear, and the case is over, as far as he’s concerned.” Schilling also aims to recoup the legal expenses he incurred.