Etayyem v. Gualtieri
8:12-cv-01672
M.D. Fla.Oct 17, 2012Background
- Etayyem, a student at Dunedin High School, sues under §1983 and Florida torts for injuries from a January 27, 2011 incident.
- The Sheriff contracts with the School Board to provide School Resource Deputies who serve as officers and school administrators.
- Deputies Miller and Bonasoro allegedly forcefully restrained Etayyem after a search and caused facial, nose, and hand injuries.
- Etayyem gave notice to the Sheriff and School Board; claims of injuries were not resolved.
- The Court previously dismissed the §1983 claim and negligent training claim without prejudice; the amended complaint reasserts the negligent training claim against the Sheriff.
- The Sheriff moves to dismiss Count IV, arguing the amended allegations are too conclusory and barred by sovereign immunity; the court denies the motion, finding the claims are operational and relate to training under the SRD Agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars negligent training claim | Etayyem asserts operational negligence in implementing the SRD Agreement | Gualtieri contends the claim is conclusory and barred by immunity | Denied; allegations are operational and sufficient to survive at this stage |
| Whether the amended complaint states an actionable negligent training claim | Allegations show sheriff duty to train deputies under SRD Agreement | Allegations are too conclusory to show negligence in training | Denied; sufficient factual basis alleging breach of training duties |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (U.S. 2007) (accepting facts but not conclusions in pleadings; heightened pleading standards apply to legal conclusions)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (conclusory allegations insufficient; need factual support)
- Davila v. Delta Air Lines, Inc., 326 F.3d 1183 (11th Cir. 2003) (conclusory allegations not enough; need factual allegations to state a claim)
- Lewis v. City of St. Petersburg, 260 F.3d 1260 (11th Cir. 2001) (sovereign immunity does not bar operational policy claims; discretionary policy immunity)