BARBARA URSIN, PETITIONER,
v.
LAW ENFORCEMENT INSURANCE CO., ETC., ET AL., RESPONDENTS
OVERTON, Justice.
We approve the result of the decision of the Second District Court of Appeal reported as Ursin v. Law Enforcement Insurance Co., 450 So. 2d 1282 (Fla. 2d DCA 1984), on the authority of our decision in Reddish v. Smith, 468 So. 2d 929 (Fla.1985).
It is so ordered.
BOYD, C.J., and ADKINS, ALDERMAN and McDONALD, JJ., concur. SHAW, J., dissents with an opinion,
EHRLICH, J., dissents.
SHAW, Justice,
dissenting.
In this case a mentally disordered sex offender serving a twenty-year sentence for rape, kidnapping and robbery with eighteen years remaining on his sentence was placed in a trustee status in the county jail and assigned to the kitchen detail. The “trustee” simply walked away, kidnapped petitioner within minutes, and sexually molested her. If holding the government enti ty liable for negligence would “chill” this type of government discretion, as the majority fears, I express a strong belief that this is precisely what the people and the legislature intended when they waived sovereign immunity. I dissent for the reasons set forth in my dissents in Reddish v. Smith, 468 So. 2d 929 (Fla.1985); Everton v. Willard, 468 So. 2d 939 (Fla.1985); and Duvall v. City of Cape Coral, 468 So. 2d 961 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
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Dep't OF Health & Rehabilitative Servs. v. Whaley, 574 So. 2d 100 (Fla. 1991)…ction as that performed by the Department of Corrections and the county sheriffs in operating adult prisons or jails. I find that the law, as set forth in Reddish, Ursin v. Law Enforcement Insurance Co., 450 So. 2d 1282 (Fla. 2d DCA 1984), approved, 469 So. 2d 1382 (Fla.1985), and Davis v. State, Department of Corrections, 460 So. 2d 452 (Fla. 1st DCA 1984), controls. I find no difference between the assignment of a fourteen-year-old charged with a felony offense to a holding cell in a juvenile facility and th…
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State Dep't of Health & Rehabilitative Servs. v. Whaley, 531 So. 2d 723 (Fla. 4th DCA 1988)…2d 929 (Fla.1985); Davis v. State, Dept. of Corrections, 460 So. 2d 452 (Fla. 1st DCA 1984), pet. for review dismissed, 472 So. 2d 1180 (1985); Ursin v. Law Enforcement Ins. Co., 450 So. 2d 1282 (Fla. 2d DCA 1984), approved on authority of Reddish, 469 So. 2d 1382 (1985). See also Berry v. State, 400 So. 2d 80 (Fla. 4th DCA), rev. denied, 411 So. 2d 380 (1981) (the determination to grant parole is a discretionary planning function); State v. Ferling, 220 Md. 109, 151 A. 2d 137 (1959) (superintendent of reform…
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Bradford v. Metro. Dade Cnty., 522 So. 2d 96 (Fla. 3d DCA 1988)…DCA 1987) (court-appointed psychiatrist enjoys quasi-judicial immunity from liability); Ursin v. Law Enforcement Ins. Co., 450 So. 2d 1282 (Fla. 2d DCA 1984) (sheriff is immune from liability where prisoner escapes and injures individual), affirmed, 469 So. 2d 1382 (Fla.1985); Berry v. State, 400 So. 2d 80 (Fla. 4th DCA) (decision to grant or withhold parole is a discretionary function), review denied, 411 So. 2d 380 (Fla.1981); Cawthon v. Coffer, 264 So. 2d 873 (Fla. 2d DCA 1972) (immunity from liability exis…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J.R. Reddish & the Dep't of Corr. of the State of Fla. v. Smith, 468 So. 2d 929 (Fla. 1985)
- Duvall v. City OF Cape Coral, 468 So. 2d 961 (Fla. 1985)
- Ursin v. LAW Enf't Ins. Co., Ltd., 450 So. 2d 1282 (Fla. 2d DCA 1984)