8:18-cv-02665
M.D. Fla.Feb 1, 2019Background
- In Feb. 2015 Kayla Madak, then a high‑school freshman, was arrested at school by a Pasco County deputy for possessing a knife; she alleges it was a legal 3.5" pocket knife used to remove mascara.
- The prosecution in juvenile court was ultimately resolved in Madak’s favor when the State Attorney filed a No Information on May 13, 2015.
- Madak sued Sheriff Chris Nocco (and previously the deputy) asserting § 1983 (various constitutional amendments), common‑law false arrest, and malicious prosecution claims; the case was removed to federal court.
- After the Court granted an initial motion to dismiss with leave to amend, Madak filed an Amended Complaint alleging (1) failure to train on Florida knife law (Monell theory) and (2) an incomplete investigation leading to arrest (individual liability).
- Sheriff Nocco moved to dismiss (or convert to summary judgment). The Court declined conversion, dismissed Count I (§ 1983) without prejudice (leave to amend), allowed the common‑law false arrest claim to proceed, dismissed any claim for money damages under the Florida Constitution with prejudice, and dismissed the malicious prosecution claim with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 – failure to train / Monell liability | Sheriff’s training on Florida knife law was inadequate and caused Madak’s arrest and violation of rights | Complaint fails to identify a municipal policy/custom or show deliberate indifference or a pattern; allegations are conclusory | Dismissed without prejudice; plaintiff may amend and must plead capacity and Monell particulars |
| § 1983 – failure to investigate / individual liability | Sheriff caused an incomplete investigation and prosecution without probable cause | Allegations are conclusory and do not show Sheriff Nocco’s personal involvement; respondeat superior not a basis for § 1983 liability | Dismissed without prejudice; plaintiff may amend and clarify individual vs. official capacity |
| False arrest (state common law vs Fla Constitution) | Count labeled as Florida Constitution violation but seeks monetary damages for false arrest | Money damages do not arise simply from Florida Constitutional violations; complaint appears to plead common law false arrest | Court construed the claim as common law false arrest (survives). Any pure Florida Constitution monetary‑damages claim dismissed with prejudice |
| Malicious prosecution (official‑capacity) | Malicious prosecution claim asserted against Sheriff in official capacity | Sovereign immunity bars malicious prosecution claims against the State/subdivisions because malice is required and §768.28 limits liability | Dismissed with prejudice as to malicious prosecution against Sheriff in official capacity |
| Notice under Fla. Stat. §768.28 | Plaintiff alleges statutory notices were timely filed; attached exhibit shows letter to Sheriff and School Board | Defendant contends notice to Dept. of Financial Services was not shown and is required | Court held notice to DFS was not required for Sheriffs under current statutory reading; state law claims not dismissed on notice ground |
Key Cases Cited
- Jackson v. BellSouth, 372 F.3d 1250 (11th Cir. 2004) (pleading standard on motions to dismiss; allegations construed in plaintiff’s favor)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Sup. Ct. 2007) (complaint must state sufficient factual matter to raise right to relief above speculative level)
- Papasan v. Allain, 478 U.S. 265 (Sup. Ct. 1986) (courts not bound to accept as true legal conclusions couched as factual allegations)
- Connick v. Thompson, 563 U.S. 51 (Sup. Ct. 2011) (failure‑to‑train liability requires deliberate indifference in limited circumstances)
- Bd. of Cty. Comm’rs of Bryan Cty. v. Brown, 520 U.S. 397 (Sup. Ct. 1997) (municipal liability requires showing that policy or custom was moving force behind constitutional violation)
- City of Canton v. Harris, 489 U.S. 378 (Sup. Ct. 1989) (standards for municipal failure‑to‑train liability)
- Weiland v. Palm Beach Cty. Sheriff’s Office, 792 F.3d 1313 (11th Cir. 2015) (malicious prosecution claim barred by sovereign immunity when asserted against sheriff’s office in official capacity)