ELMER J. HUDSON, INDIVIDUALLY, AND JACK HUDSON AND ELMER J. HUDSON, DBA HUDSON CONTRACTORS, APPELLANTS,
v.
C. B. DYKES, BUDDY GODWIN, AND ESCAMBIA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES

Fla. 1st DCA | 1981-08-11
No. WW-162
McCORD, SHIVERS and JOANOS, JJ., concur.
402 So. 2d 491 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 12 cases

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Synopsis

Hudson performed plumbing work without required permits based on alleged assurances from a building inspector that none were needed. After the work was inspected and approved, county officials reported the violation to prosecutors, leading to Hudson's arrest and prosecution. The court affirmed summary judgment for the defendants, holding that merely reporting suspected code violations to authorities does not constitute false imprisonment.


Holding

The court held that merely supplying information to prosecuting authorities about a suspected code violation is insufficient to support a cause of action for false imprisonment. A private citizen (or government official in his official capacity) cannot be held liable for false imprisonment unless he actually detained another or instigated arrest by directly procuring it, and reasonable grounds to believe a crime was committed constitutes a complete defense.


Headnotes

[1] A party is not liable for false imprisonment when they neither actually detain another nor instigate the other's arrest by law enforcement officers.

[2] Supplying information to prosecuting authorities indicating a violation of a code, without more, is insufficient to support a cause of action for false imprisonment.

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Key Quotes

“Dykes merely supplied information to the prosecuting authorities indicating that a violation of the plumbing code had occurred. This is not sufficient to support a cause of action for false imprisonment.”

Establishes that reporting a code violation to authorities without directly instigating arrest does not constitute false imprisonment

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Facts & Procedural History

Hudson performed plumbing work on a residence without obtaining a surety bond, certificate of qualification, or plumbing permit, allegedly based on as…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a Summary Final Judgment, entered in an action for false imprisonment. We affirm.

Appellants performed certain plumbing work on a private residence without obtaining a surety bond, certificate of qualification, or plumbing permit. The reason appellants did not obtain the necessary permits, etc., was allegedly due to the assurances of appellee/Godwin, an Escambia County Building Inspector, that no permits would be required for the job. After completion of the work, final inspection was made by Godwin and another inspector, the work was approved, and the residence was certified for occupancy.

Several months later, appellant/Elmer Hudson was contacted by appellee/Dykes, Chief Plumbing and Gas Inspector for Es-cambia County, who asked Hudson why he had failed to obtain the necessary surety bond, certificate and permit and advised him to obtain the necessary documents at that time. Hudson refused to do so on the grounds that the work had been finally inspected and approved, and that Godwin had informed him that no permit was required for the work.

After several more weeks had elapsed and Hudson had not obtained the required documents, Dykes contacted the State’s Attorney’s Office, informed them that Hudson had performed certain plumbing work without acquiring the necessary permits, etc., and delivered a sworn affidavit to that effect. On the basis of this affidavit Hudson was subsequently arrested by law enforcement officers and charged with plumbing without a permit, surety bond, or certificate of qualification.

Hudson received a jury trial on these misdemeanor charges. The trial court directed a verdict in Hudson’s favor on the charge of plumbing without a permit, and the jury acquitted him of the remaining charges. Hudson then brought the instant action against appellees, alleging that, as a result of appellees’ fraudulent misrepresentations, he was falsely arrested and imprisoned. Appellees filed a Motion for Summary Judgment with supporting affidavits. The lower court granted the motion.

Appellees did not actually detain either of appellants, nor did they “instigate” or “directly procure” Elmer Hudson’s arrest. Pokorny v. First Federal Savings and Loan Association, 382 So. 2d 678 (Fla.1980). Dykes merely supplied information to the prosecuting authorities indicating that a violation of the plumbing code had occurred. This is not sufficient to support a cause of action for false imprisonment.

The court in Pokorny stated: We hold that under Florida law a private citizen may not be held liable in tort where he neither actually detained another nor instigated the other’s arrest by law enforcement officers. If the private citizen makes an honest, good faith mistake in reporting an incident, the mere fact that his communication to an officer may have caused the victim’s arrest does not make him liable when he did not in fact request any detention.

Id. at 682. Compare, Johnson v. Weiner, 155 Fla. 169, 19 So. 2d 699 (Fla.1944); Washington County Kennel Club, Inc. v. Edge, 216 So. 2d 512 (Fla. 1st DCA 1968); and Jackson v. Biscayne Medical Center, Inc., 347 So. 2d 721 (Fla. 3rd DCA 1977).

While here Dykes was acting in his official capacity as Chief Plumbing Inspector rather than as a “private citizen,” the trial court concluded as a matter of law that Dykes had reasonable grounds to believe Hudson was guilty of the charges, and that Dykes was simply carrying out the legal duties of his office in enforcing the plumbing code. The undisputed facts support this conclusion and appellees have failed to demonstrate error on the part of the trial court.

Further, in Pokorny the court pointed out at page 683 that Florida courts have never recognized a separate tort for negligently swearing out an arrest warrant, and that such cases may be brought only in the form of actions for malicious prosecution. We note that the trial court’s finding that Dykes had probable cause to believe a crime had been committed when he reported his beliefs to the State Attorney’s Office, would be a complete defense to an action for malicious prosecution.

Finally, appellants have failed to demonstrate the existence of any issue of fact which would be material to this action for false imprisonment.

Accordingly, the Summary Final Judgment is AFFIRMED.

McCORD, SHIVERS and JOANOS, JJ., concur.


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Citator

Cited By

  • Phelan v. City OF Coral Gables, 415 So. 2d 1292 (Fla. 3d DCA 1982)
    …at his marine policy with Insurance Company of North America did not afford coverage for a malicious prosecution suit, case number 81-1318, which was consolidated with the instant appeal. This appeal was later dismissed. . See also Hudson v. Dykes, 402 So. 2d 491 (Fla. 1st DCA 1981) (trial court’s finding that defendant in malicious prosecution action had probable cause to believe a crime had been committed when he reported his beliefs to the State Attorney’s office would be a complete defense), see generall…
  • Elminer Harris v. Kearney, 786 So. 2d 1222 (Fla. 4th DCA 2001)
    …ke him liable when he did not in fact request any detention. Pokorny, 382 So. 2d at 682. Merely providing information to the authorities that a violation of law occurred is not sufficient to support an action for false arrest. See Hudson v. Dykes, 402 So. 2d 491, 492 (Fla. 1st DCA 1981) (Where municipal building inspector delivered an affidavit about the lack of permits to the State Attorney’s Office that led to plaintiffs arrest, the inspector merely supplied information and did not “instigate” or “directl…
  • Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013)
    …clear, no such cause of action exists in this state. Chapman v. State, Dep’t of Health & Rehabilitative Sens., 517 So. 2d 104, 106 (Fla. 3d DCA 1987) (citing Pokomy v. First Fed. Savs. & Loan Ass’n, 382 So. 2d 678, 683 (Fla.1980)); Hudson v. Dykes, 402 So. 2d 491, 493 (Fla. 1st DCA 1981). Nor, in any case, were the Kenny Nachwalter lawyers negligent or abusive in any action they took in the case. They acted honorably.2 For the reasons expressed, I join in the affirmance of the judgment of the trial court in…

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