41 F.4th 1329
11th Cir.2022Background
- On Jan. 8, 2019 Butler was arrested for disorderly intoxication and brought to the Pinellas County Jail.
- Deputy Amy Gee grabbed and forcibly took Butler to the concrete floor during booking; Butler suffered a fractured left humerus.
- PCSO investigated, concluded Gee violated policy, and terminated her employment; Gee admitted her force was unreasonable and that injury was likely.
- Butler sued Sheriff Bob Gualtieri (official capacity) for battery under Florida law; district court denied Gualtieri summary judgment on sovereign immunity grounds.
- The central legal question: whether Florida’s sovereign immunity statute (Fla. Stat. §768.28(9)(a)) bars suit against the Sheriff when a subordinate acted in bad faith, with malicious purpose, or with wanton and willful disregard of safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate jurisdiction over denial of sovereign immunity | Butler: Florida sovereign immunity is a defense to liability only; interlocutory appeal improper | Gualtieri: Florida Supreme Court treats sovereign immunity as immunity from suit and liability; interlocutory appeal permitted | Court: Erie requires following Florida Supreme Court (Jackson); collateral-order review permitted. |
| Whether summary judgment on sovereign immunity was proper | Butler: Facts do not establish bad faith, malice, or wanton/willful conduct as a matter of law; factual disputes remain | Gualtieri: Gee’s conduct was sufficiently egregious to fall within statutory exceptions, so sovereign immunity should apply | Court: Genuine disputes of material fact exist about Gee’s resistance, takedown, and state of mind; denial of summary judgment affirmed. |
Key Cases Cited
- Florida Highway Patrol v. Jackson, 288 So. 3d 1179 (Fla. 2020) (state sovereign immunity affords immunity from suit and liability)
- McGhee v. Volusia County, 679 So. 2d 729 (Fla. 1996) (fact issue whether officer’s violent conduct stripped immunity)
- Thompson v. Douds, 852 So. 2d 299 (Fla. 2d DCA 2003) (denial of immunity where force was extensive and factual disputes remained)
- Peterson v. Pollack, 290 So. 3d 102 (Fla. 4th DCA 2020) (interpretation of "bad faith," "malicious purpose," and "wanton and willful disregard")
- Anderson v. Liberty Lobby, 477 U.S. 242 (U.S. 1986) (summary judgment standard and credibility/jury-function principles)
- Parker v. Am. Traffic Sols., Inc., 835 F.3d 1363 (11th Cir. 2016) (collateral-order review for immunity doctrines)
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (immunity protects from suit and liability; interlocutory appeal rationale)
- CSX Transp., Inc. v. Kissimmee Util. Auth., 153 F.3d 1283 (11th Cir. 1998) (federal courts bound to follow state court interpretation of state sovereign immunity)