ROBERT EDWARD SPOONER, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.; MAURICE SKOBLOW, PETITIONER, V. AMERI-MANAGE, INC., ET AL., RESPONDENTS
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The State of Florida has not waived its Eleventh Amendment and state common law immunity for suits against it and its agencies under 42 U.S.C. § 1983.
The First District Court of Appeal certified a question regarding whether Florida waived its immunity for suits under 42 U.S.C. § 1983. This case was …
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OVERTON, Justice.
The First District Court of Appeal, in Spooner v. Department of Corrections, 488 So. 2d 897 (Fla. 1st DCA 1986), certified the following question to this Court:
Has the State of Florida, pursuant to Section 768.28, Florida Statutes (1983), waived its Eleventh Amendment and state common law immunity and consented to suits against the State and its agencies under 42 U.S.C. § 1983?
Id. at 898.
The aboye case was consolidated with Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla. 3d DCA 1986), which concerns the identical issue, without certification of the question. We have jurisdiction. Art. V, § 3(b)(4).
We answer the question in the negative for the reasons expressed in our recent decision in Hill v. Department of Corrections, 513 So. 2d 129 (Fla.1987).
We approve the decision of the First District Court of Appeal in Spooner and that of the Third District Court of Appeal in Skoblow, holding the state immune under the eleventh amendment and the common law from suits arising under the federal Civil Rights Act, 42 U.S.C. § 1983.
It is so ordered.
McDonald, C.J., and EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
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Bd. OF Regents OF the State of Fla. v. Snyder, 826 So. 2d 382 (Fla. 2d DCA 2002)…led to sovereign immunity concerning Mr. Snyder’s claim under 42 U.S.C. § 1983. It is well established in both federal and state courts that a state and its agencies are immune from suit arising under 42 U.S.C. § 1983. See Spooner v. Dep’t of Corr., 514 So. 2d 1077, 1078 (Fla.1987); Hill, 513 So. 2d at 132. Although this state has waived its sovereign immunity for state tort actions, that waiver does not extend to civil rights actions. See § 768.28, Fla. Stat. (2000); Spooner, 514 So. 2d at 1078; Hill, 513 So.…
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Stephens v. Geoghegan, 702 So. 2d 517 (Fla. 2d DCA 1997)…this principle. See, e.g., Goetz v. Noble, 652 So. 2d 1203 (Fla. 4th DCA 1995); Forman v. Murphy, 501 So. 2d 640 (Fla. 4th DCA 1986); Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla.3d DCA 1986), approved by Spooner v. Department of Corrections, 514 So. 2d 1077 (Fla. 1987); Huszar v. Gross, 468 So. 2d 512 (Fla. 1st DCA 1985); Grady v. Scaffe, 435 So. 2d 954 (Fla. 2d DCA 1983). The question of whether allegedly defamatory statements are absolutely privileged is one of law to be decided by the court, Resha v…
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Stewart v. The SUN Sentinel Co., 695 So. 2d 360 (Fla. 4th DCA 1997)…tation department, exercising operations and administrative control of certain bureau divisions and offices, and implementing organizational changes and review. In Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla. 3d DCA 1986), decision approved, 514 So. 2d 1077 (Fla.1987), plaintiff, who had been discharged from his employment at a state hospital, sued four employees of the hospital because of statements they made about him which were reported in the news. Although only one of the four was the “spokeswoman…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hill v. Dep't OF Corr., 513 So. 2d 129 (Fla. 1987)
- Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla. 3d DCA 1986)
- Secret Cove Civic Ass'n, Inc. v. Nihoul, 488 So. 2d 897 (Fla. 1st DCA 1986)