TOWN OF LAKE CLARKE SHORES, PETITIONER,
v.
ALAN PAGE, RESPONDENT

Fla. | 1990-11-08
No. 75375
SHAW, C.J., and OVERTON, McDonald, EHRLICH, BARKETT and KOGAN, JJ., concur.
569 So. 2d 1256 Florida Supreme Court (1990) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that although states retain Eleventh Amendment immunity, municipalities are subject to § 1983 liability as 'persons' under federal law.


Holding

State trial courts have subject matter jurisdiction over § 1983 actions against municipalities. Although states and state agencies with Eleventh Amendment immunity are not 'persons' under § 1983, municipal corporations are 'persons' subject to § 1983 liability, and Congress abolished any sovereign immunity municipalities possessed when it included them within the class of persons liable for constitutional violations.


Headnotes

[1] State trial courts have subject matter jurisdiction over § 1983 actions against municipalities.

[2] Municipal corporations are considered "persons" within the meaning of 42 U.S.C. …

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“an entity with Eleventh Amendment immunity is not a 'person' within the meaning of § 1983”

Establishes that states and state agencies cannot be sued under § 1983, but distinguishes municipalities from state entities

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Alan Page, a former police officer with the Lake Clarke Shores Police Department, sued the Town of Lake Clarke Shores under § 1983, alleging his emplo…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
GRIMES, Justice.

GRIMES, Justice.

We review the opinion of the Fourth District Court of Appeal in Page v. Valentine, 552 So. 2d 212 (Fla. 4th DCA 1989), in which we accepted jurisdiction based on conflict with Howlett ex tel. Howlett v. Rose, 537 So. 2d 706 (Fla. 2d DCA), review denied, 545 So. 2d 1367 (Fla.1989), rev’d, — U.S. -, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990).

We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The respondent, Alan Page, sued the petitioner, Town of Lake Clarke Shores (Town), under 42 U.S.C. § 1983 (1979).* In his complaint Page alleged that he was formerly a police officer with the Lake Clarke Shores Police Department. He claimed that his employment was terminated because Town officials were “discontented” by a letter published in The Palm Beach Post in which Page expressed his opinion about the effects of stress on police officers.

The trial court dismissed the action against the Town holding that the court had no subject matter jurisdiction over § 1983 actions due to Florida’s sovereign immunity doctrine. The Fourth District Court of Appeal reversed, relying on City of Riviera Beach v. Langevin, 522 So. 2d 857 (Fla. 4th DCA 1987), review dismissed, 536 So. 2d 243 (Fla.1988), and Southern Alliance Corp. v. City of Winter Haven, 505 So. 2d 489 (Fla. 2d DCA 1987).

We agree with the court below that state trial courts do have subject matter jurisdiction over § 1983 actions against municipalities. The United States Supreme Court recently decided Howlett ex rel. Howlett v. Rose, — U.S. -, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990), reversing the very decision upon which the Town relies. In that case, the Supreme Court reaffirmed its ruling in Will v. Michigan Department of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989), that “an entity with Eleventh Amendment immunity is not a ‘person’ within the meaning of § 1983.” Howlett, 110 S.Ct. at 2437.

Therefore, “the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court.” Id.

However, the Court further stated that since the Court has held that municipal corporations and similar governmental entities are “persons,” see Monell v. New York City Dept. of Social Services, 436 U.S. 658, 663, 98 S.Ct. 2018, 2021-22, 56 L.Ed.2d 611 (1978); cf. Will, 491 U.S., at -, n. 9, 109 S.Ct., at 2311, n. 9; Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274, 280-281, 97 S.Ct. 568, 572-573, 50 L.Ed.2d 471 (1977), a state court entertaining a § 1983 action must adhere to that interpretation. “Municipal defenses — including an assertion of sovereign immunity — to a federal right of action are, of course, controlled by federal law.” Owen v. City of Independence, 445 U.S. at 647, n. 30, 100 S.Ct. at 1413, n. 30 [63 L.Ed.2d 673 (1980)]. “By including municipalities within the class of ‘persons’ subject to liability for violation of the Federal Constitution and laws, Congress — the supreme sovereign on matters of federal law — abolished whatever vestige of the State’s sovereign immunity the municipality possessed.” Id., at 647-648, 100 S.Ct., at 1413-14 (footnote omitted). Id. 110 S.Ct. at 2443. The Supreme Court pointed out that the Second District Court of Appeal had erroneously extended this Court’s decision in Hill v. Department of Corrections, 513 So. 2d 129 (Fla.1987), cert. denied, 484 U.S. 1064, 108 S.Ct. 1024, 98 L.Ed.2d 989 (1988), holding limited, Howlett ex rel. Howlett v. Rose, — U.S. -, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990), which involved a state agency, to a suit against a municipality.

Therefore, we approve the opinion below and remand for further proceedings.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, EHRLICH, BARKETT and KOGAN, JJ., concur. *

42 U.S.C. § 1983 provides in relevant part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Alverna Brown v. Jenne, 941 So. 2d 447 (Fla. 4th DCA 2006)
    …78, 110 S.Ct. 2430 (citations omitted). Thus, the Court determined that sovereign immunity did not bar a suit against the School Board of Hillsborough County. Our supreme court relied on the holding in Howlett in Town of Lake Clarke Shores v. Page, 569 So. 2d 1256 (Fla.1990), when it held that sovereign immunity does not bar section 1983 claims against municipalities in state courts. Howlett has also been applied to a county entity. In Arthur v. Hillsborough County Board of Criminal Justice, 563 So. 2d 94 (Fl…

Authorities Cited (14 total)

View all 14 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw