178 So. 3d 460
Fla. Dist. Ct. App.2015Background
- Respondent (blind) dropped a cup at the roadside; Officer Benjamin Johnson told him several times to pick it up and tried to detain him to issue a civil citation for littering. Respondent refused, cursed, and walked away.
- When Johnson grabbed Respondent’s arm to stop him, Respondent pushed Johnson’s hand and a physical altercation ensued; Johnson deployed pepper spray and arrested Respondent for battery on an officer and resisting with violence. Criminal charges were later nol prossed.
- Respondent sued FWCC and Johnson: negligence (FWCC); battery, false arrest (both); malicious prosecution, IIED (Johnson); and § 1983 claims against Johnson for false arrest and excessive force.
- FWCC moved for summary judgment based on sovereign immunity; Johnson moved based on qualified immunity. The trial court initially granted but then—after a motion for reconsideration asserting a factual dispute about whether Johnson identified himself before detaining Respondent—entered an order denying the summary judgment motions.
- FWCC and Johnson sought certiorari review in this Court. The Court converted the appeal to certiorari and considered (1) whether certiorari jurisdiction exists (irreparable harm) and (2) whether the trial court departed from the essential requirements of law in denying immunity defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certiorari review is available for denial of FWCC’s sovereign-immunity summary judgment | FWCC: immediate review required because immunity denial impairs government | Respondent: sovereign immunity denial is not irreparable because waiver statute leaves remedy on appeal after final judgment | Denied jurisdictional relief—FWCC’s petition dismissed for lack of irreparable harm |
| Whether certiorari review is available for denial of Johnson’s qualified-immunity motion | Respondent: factual disputes preclude immunity; trial required | Johnson: qualified immunity is immunity from suit and denial causes irreparable harm | Jurisdiction exists for Johnson (irreparable harm established) |
| Whether Johnson is entitled to qualified immunity on § 1983 false-arrest claim (probable cause) | Respondent: failure to identify as officer per § 901.17 creates lack of lawful detention/arrest | Johnson: was lawfully detaining to issue citation; Respondent’s push and fight gave probable cause to arrest for resisting with violence | Court quashed trial-court denial as to false-arrest claim—Johnson entitled to qualified immunity because probable cause existed |
| Whether Johnson is entitled to qualified immunity on § 1983 excessive-force claim (objective reasonableness) | Respondent: Johnson used excessive/unreasonable force (e.g., sucker punch, unnecessary pepper spray) | Johnson: force was objectively reasonable given active resistance and threat | Denial of summary judgment on excessive-force claim affirmed—genuine disputed facts preclude resolving immunity as a matter of law |
Key Cases Cited
- Reeves v. Fleetwood Homes of Fla., 889 So. 2d 812 (Fla. 2004) (certiorari standard; elements required for relief)
- Stephens v. Geoghegan, 702 So. 2d 517 (Fla. 2d DCA 1997) (qualified-immunity denial causes irreparable harm; when record conclusively establishes immunity, denial departs from law)
- Tucker v. Resha, 648 So. 2d 1187 (Fla. 1994) (order denying qualified immunity is effectively unreviewable after final judgment)
- Dep’t of Educ. v. Roe, 679 So. 2d 756 (Fla. 1996) (sovereign-immunity waiver under § 768.28 means immediate review is not always required)
- Vermette v. Ludwig, 707 So. 2d 742 (Fla. 2d DCA 1997) (probable cause is absolute bar to § 1983 false-arrest claim)
- Brown ex rel. Brown v. Jenne, 122 So. 3d 881 (Fla. 4th DCA 2012) (objective-reasonableness standard for excessive-force § 1983 claims)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment excessive-force objective-reasonableness framework)
- Albury v. State, 910 So. 2d 930 (Fla. 2d DCA 2005) (officer’s failure to identify under § 901.17 is jury-consideration in criminal context, does not automatically invalidate arrest)