855 F. Supp. 2d 1317
S.D. Fla.2012Background
- Ada Jankowski was raped and murdered in November 1983; Caravella, age 15, was arrested for the crime and later convicted in 1984.
- Plaintiff Caravella alleges Defendants Pierson, Mantesta, Guess, and Fantigrassi coerced him, prompted false statements, and fabricated or withheld evidence during the investigation and prosecution.
- DNA testing in 2009 exonerated Caravella; the state court vacated his conviction on March 25, 2010.
- Plaintiff also alleges supervisory and systemic misconduct by Broward County Sheriff’s Office (BSO) and City of Miramar officials, including Jenne and Lamberti, indicating a pattern or practice of constitutional violations.
- Plaintiff asserts continuing torts and fraudulent concealment tolling theories to extend limitations and maintains 1983 and RICO claims against multiple defendants.
- The court addresses whether the various claims are time-barred, whether continuing torts tolling applies, and whether the pleadings state cognizable claims for 1983, state torts, and RICO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing torts tolling applies to IIED claims | Caravella alleges ongoing concealment and coercive acts after 1983. | Statute barred by 1984 accrual; nothing continuous after the initial acts. | Continuing torts may apply; not time-barred at this stage. |
| Whether negligent hiring/supervision claims against City/Lamberti are time-barred | Rowe tolls until release from conviction; duty and foreseeability alleged. | Limitations run from injury/conviction; Rowe is misapplied. | Claims alive; Rowe interpretation adopted for this stage. |
| Whether §1983 claims against City Miramar, Fantigrassi, Jenne, and Lamberti are timely | Malicious prosecution and ongoing duties negate accrual until exoneration. | Accrual at time of arrest/incarceration; Heck-like concerns apply. | Claims not time-barred at this stage; continuing-tort tolling may apply. |
| Whether §1983 conspiracy claims are time-barred | Conspiracy to maliciously prosecute did not accrue until sentence vacated. | Accrual timelines should bar suit. | Conspiracy claims not time-barred at this stage; accrual tied to malicious prosecution timeline. |
| Whether RICO claims are time-barred or salvaged by tolling | Enterprise and pattern alleged; equitable tolling due to fraudulent concealment. | No continuing-open pattern; injuries not cognizable under federal RICO; Heck issues unresolved. | RICO counts dismissed on open-ended continuity; tolling remains for potential repleading; state RICO dismissed with prejudice; federal RICO potentially salvageable with amendments. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading must be plausible; standard for 12(b)(6))
- Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleadings)
- Glover v. Liggett Grp., Inc., 459 F.3d 1304 (11th Cir. 2006) (claims must state plausible relief; standard cited)
- Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (§1983 claims tied to validity of underlying criminal judgment)
- Rowe v. City of Fort Lauderdale, 279 F.3d 1271 (11th Cir. 2002) (negligent hiring/supervision accrual tied to release from conviction)
- Davis v. Monahan, 832 So.2d 708 (Fla. 2002) (delayed discovery doctrine limited to certain torts)
- Black Diamond Props., Inc. v. Haines, 69 So.3d 1090 (Fla. Dist. Ct. App. 2011) (equitable estoppel tolling considerations in Florida)
- Steele v. Kehoe, 747 So.2d 931 (Fla. 1999) ( Steele analysis on accrual and post-conviction remedies)
- Patten v. Winderman, 965 So.2d 1222 (Fla. Dist. Ct. App. 2007) (delayed discovery limited; accrual timing guidance)
- Pacific Harbor Capital, Inc. v. Barnett Bank, N.A., 252 F.3d 1246 (11th Cir. 2001) (equitable tolling principles under RICO)
- Jackson v. BellSouth Telecomms., 372 F.3d 1250 (11th Cir. 2004) (RICO pattern and enterprise requirements)