Florida State University Board of Trustees v. Monk
68 So. 3d 316
Fla. Dist. Ct. App.2011Background
- FSU petitions for writ of certiorari to review a non-final order denying dismissal with prejudice of a defamation complaint.
- Monk, a former FSU OAAS learning specialist, alleges publication of a university report defamed her; FSU published the investigation report.
- FSU’s chief audit officer prepared and released the report; Monk resigned and sued for defamation alleging improper publication and improper purpose.
- FSU moved to dismiss on absolute immunity grounds; the trial court denied dismissal as premature.
- The court ultimately grants certiorari, quashes the denial, and remands for proceedings consistent with absolute immunity.
- Threshold jurisdictional analysis allowed certiorari review to prevent irreparable harm from error in immunity ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absolute immunity bars Monk’s defamation claim. | Monk asserts FSU’s report publication defamed her despite official duties. | FSU argues immunity applies to statements within official duties and shields the suit. | Yes; absolute immunity bars the defamation claim. |
| Whether certiorari review is proper to review a non-final order denying dismissal. | Monk seeks immediate review to avoid irreparable harm from immunity denial. | FSU contends certiorari is proper to review immunity rulings in non-final orders. | Yes; certiorari review appropriate to correct immunity error. |
| Whether releasing an investigation report to the public falls within official duties constituting immunity. | Monk contends publication was outside official duties. | FSU contends dissemination was within official duties to address alleged misconduct and NCAA risks. | Yes; publication was within official duties, triggering immunity. |
Key Cases Cited
- Cassell v. India, 964 So.2d 190 (Fla. 4th DCA 2007) (public officials’ statements within official duties are absolutely immune)
- Hauser v. Urchisin, 281 So.2d 6 (Fla. 1970) (public official immunity to protect statements in discharge of duties)
- McNayr v. Kelly, 184 So.2d 428 (Fla. 1966) (county manager immune when providing reports to board)
- Crowder v. Barbati, 987 So.2d 166 (Fla. 4th DCA 2008) (sheriff’s press releases within official duties to induce compliance can be privileged)
- Mueller v. The Florida Bar, 390 So.2d 449 (Fla. 4th DCA 1980) (Bar counsel disseminated information in public good within authority)
- Stephens v. Geoghegan, 702 So.2d 517 (Fla. 2d DCA 1997) (immunity may warrant certiorari due to irreparable harm prior to final judgment)
- Williams v. Oken, 62 So.3d 1129 (Fla. 2011) (certiorari available where final remedy would be ineffective)