Furtado v. Yun Chung Law
51 So. 3d 1269
Fla. Dist. Ct. App.2011Background
- This case arises from the shooting death of the decedent during execution of a Baker Act transportation order, with claims against the Sheriff and a deputy under §1983, Florida wrongful death, and the ADA.
- A Baker Act certificate described the decedent as in a persistent severe delusional and agitated state, with knives and a substantial likelihood of harming herself or others.
- Deputies arrived about an hour after the certificate; the husband informed them of the risk and request to transport the decedent to a mental health facility.
- The deputies entered the home, then the master bathroom; the decedent lunged at the lead deputy with a knife raised, and the deputy fired, killing her.
- Plaintiff proffered expert testimony alleging deliberate indifference by the Sheriff and failure to train, including lack of a CIT protocol and inadequate ADA compliance.
- The trial court granted summary judgment; on review the court held the totality of circumstances supported summary judgment for the Sheriff and deputy, and upheld immunity under §1983, §768.28, and ADA considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §1983 claims against Sheriff and deputy survive summary judgment | Plaintiff argues material facts show constitutional violation | Defendants contend qualified immunity and lack of constitutional violation | Qualified immunity applied; no §1983 violation shown |
| Whether the deputy is entitled to qualified immunity | Totality of circumstances shows deliberate disregard | Imminent threat justified use of deadly force | Deputy entitled to qualified immunity |
| Whether the Sheriff can be liable under failure-to-train theory | Evidence of deliberate indifference to training needs | Training was voluntary; no widespread deliberate indifference | No §1983 failure-to-train liability against Sheriff |
| Whether the ADA claim against the Sheriff can survive | Sheriff failed to provide reasonable accommodations | Exigent circumstances excused accommodations under ADA | Exigent circumstances excuse ADA duty; summary judgment affirmed |
| Whether the Florida Wrongful Death Act claim against the Sheriff stands | §30.07 imposes liability for neglect and policy failures | §768.28 immunizes officers absent bad faith or willful disregard | Immunity barred liability; no evidence of bad faith or willful disregard |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (Supreme Court) (use of deadly force permissible when suspect poses imminent threat)
- Graham v. Connor, 490 U.S. 386 (Supreme Court) (objective reasonableness standard for seizures)
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008) (qualified immunity burden and balancing of discretionary authority)
- Kesinger v. Herrington, 381 F.3d 1243 (11th Cir. 2004) (totality of circumstances in evaluating reasonableness; safe harbor for imminent threat)
- City of Canton v. Harris, 489 U.S. 378 (Supreme Court) (deliberate indifference standard for failure-to-train claims)