ROBERT SYLVESTER, APPELLANT,
v.
CITY OF DELRAY BEACH, J. ELDON MARIOTT, AND CHARLES L. KILGORE, APPELLEES; ROBERT DRUIEN, APPELLANT, V. CITY OF DELRAY BEACH, J. ELDON MARIOTT, AND CHARLES L. KILGORE, APPELLEES
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Summary judgment was improper where genuine issues of fact existed regarding whether city officials violated Chapter 112.532 by retaliating against police officers for exercising statutory rights and pursuing litigation.
Summary judgment is improper when genuine issues of material fact exist regarding whether city officials violated Chapter 112.532 by retaliating against officers for exercising statutory rights.
[1] Summary judgment is improper when the record demonstrates genuine issues of material fact regarding alleged retaliation for exercise of statutory rights under Chapter 112…
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Join FLexlaw to unlock all legal intelligenceTwo Delray Beach police officers were disciplined by the City Manager for alleged excessive force during an arrest. They sued the City, City Manager, …
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PER CURIAM.
Appellants, Robert Sylvester and Robert Druien, police officers with the City of Del-ray Beach, were disciplined by the City Manager of Delray as a result of the alleged use of excessive force during the arrest and detention of a female prisoner. Being dissatisfied with the result, appellants sued the City, the City Manager, and the Chief of Police, contending that the action taken against them violated: 1) their rights under Chapter 112.532, Florida Statutes (1981), 2) their rights guaranteed to them by their employment with the City, 3) equal protection and due process rights. The court granted appellee’s motion for summary judgment and the appellants perfected this appeal.
Among other things, the complaint charged appellees with violating Chapter 112, Florida Statutes, by threatening to deny them promotional advances, transfers, and reassignment because they exercised their rights pursuant to said statute, and further harassing them because of their refusal to abandon prosecution of this lawsuit. An examination of the record demonstrates a genuine issue of fact as to whether appellees were guilty of the foregoing charges. The proof adduced by appellees simply did not show that the charges made in the complaint were mere paper issues. Thus, entry of a summary judgment was error. Accordingly, the judgments appealed from are reversed and remanded for further proceedings.
REVERSED AND REMANDED, with directions.
DOWNEY, DELL and WALDEN, JJ., concur.
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Sylvester v. City OF Delray Beach, 486 So. 2d 607 (Fla. 4th DCA 1986)…PER CURIAM. Moving for rehearing, appellants contend it is contradictory for this court earlier to have reversed summary judgment granted the defendants in the trial court, Sylvester v. City of Delray Beach, 431 So. 2d 738 (Fla. 4th DCA 1983) (“Sylvester I”), and now to have affirmed a subsequent directed verdict for the defendants on the plaintiffs’ claims their suspension from employment was unlawful, Sylvester v. City of Delray Beach, 486 So. 2d 607 (Fla. 4th DCA 1…
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Kamenesh v. City of Miami, 772 F. Supp. 583 (S.D. Fla. 1991)…he court finds Plaintiff has sufficiently demonstrated the existence of disputed facts on the issue of retaliation in violation of § 112.-532(5). See, e.g., Deposition of Clarencé Dickson at 209-10. See Sylvester v. City of Delray Beach, 431 So.2d 738 (Fla. 4th Dist.Ct.App.1983), appeal after remand, 486 So.2d 607 (1986). Defendants, alternatively, move for partial summary judgment on the issue of the scope of the remedies available for violations of § 112.532. Defendants contend that i…