STATE OF FLORIDA, PETITIONER,

v.

STAN JEROME RIVERS, RESPONDENT

Citator

Cited By

• Nodar v. Galbreath, 462 So. 2d 803 (Fla. 1984)
  …ualifiedly privileged, which has different consequences from the "constitutional privilege" of New York Times. We recently held that a police officer is a public official for purposes of the New York Times constitutional privilege. Smith v. Russell, 456 So. 2d 462 (Fla.1984). However, nothing in the reasoning underlying that decision compels the conclusion that a public school teacher is a public official. . A communication, although it contains cri-minating matter, is privileged when made in good faith upon…
• Demby v. English, 667 So. 2d 350 (Fla. 1st DCA 1995)
  …elected public official, she most certainly is a public officer wielding a portion of the sovereign power of this state, and the qualified privilege of every citizen to criticize such a public officer applies in this instance. See Smith v. Russell, 456 So. 2d 462 (Fla.1984) (holding a police officer is a public official), cert. den., 470 U.S. 1027, 105 S.Ct. 1392, 84 L.Ed.2d 782 (1985). In fact, even if appellee were not a public officer, the facts alleged in the complaint and in the amended complaint demon…
• Stewart v. The SUN Sentinel Co., 695 So. 2d 360 (Fla. 4th DCA 1997)
  …oncluding that, for purposes of defamation, they are public officials and thus can recover only if they prove actual malice under New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). Defendants rely on Smith v. Russell, 456 So. 2d 462 (Fla.1984), cert. denied, 470 U.S. 1027, 105 S.Ct. 1392, 84 L.Ed.2d 782 (1985), in which a policeman used excessive force in making an arrest, and the defendant wrote letters complaining about the officer’s conduct. The officer sued the arrestee for…

Authorities Cited

• State v. Page, 449 So. 2d 813 (Fla. 1984)
• Stan Jerome Rivers v. State, 423 So. 2d 444 (Fla. 4th DCA 1982)