ALLISON MILLS, APPELLANT,
v.
RICHARD L. DUGGAR, AS SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS, RICHARD P. WILLE, AS SHERIFF OF PALM BEACH COUNTY, R & R SECURITY TRANSPORTATION, INC., A FLORIDA CORPORATION, TRANSCOR AMERICA, INC., A FOREIGN CORPORATION, AND BLAINE PANNO, APPELLEES

Fla. 4th DCA | 1992-07-01
No. 91-1641
GLICKSTEIN, C.J., and ANSTEAD and GUNTHER, JJ„ concur.
601 So. 2d 634 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 2 cases

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Holding

The court held that a sheriff does not owe a specific legal duty to an individual victim of a crime committed by a prisoner released due to alleged processing errors, absent a special duty to that victim.


Facts & Procedural History

Appellant sued the sheriff alleging she was assaulted by a prisoner who was released due to the sheriff's alleged failure to properly process a reques…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. We agree with the appel-lee sheriff that the appellant has failed to demonstrate the existence of a specific legal duty to the appellant, so as to give rise to a cause of action against the sheriff.

In her complaint, appellant alleged that she was the victim of a brutal assault by a man recently released from prison. Previously, the man had escaped and committed a sexual battery in Palm Beach County. The sheriff arrested the escaped prisoner and returned him to the state’s custody. However, because of the sheriff’s alleged failure to properly process a request for a hold on the prisoner, the prisoner was released at the end of his prison term and not held for trial on the sexual battery charge. Several months after his release from prison the man attacked the appellant and this suit was then brought. The trial court dismissed the action.

The Florida Supreme Court held in Everton v. Willard, 468 So. 2d 936 (Fla.1985):

The victim of a criminal offense, which might have been prevented through reasonable law enforcement action, does not establish a common law duty of care to the individual citizen and resulting tort liability, absent a special duty to the victim.

See also Trianon Park Condo Ass’n v. City of Hialeah, 468 So. 2d 912 (Fla.1985) (government building inspectors owe duty to public at large but not to individuals). Under these decisions, while the sheriff may have had a general duty to proceed against the prisoner and to see that he was held to face prosecution on the sexual battery charge, the sheriff owed no specific duty to the appellant sufficient to give rise to a cause of action for its breach.

GLICKSTEIN, C.J., and ANSTEAD and GUNTHER, JJ„ concur.


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  • Est. OF Robert Brown v. W.A. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003)
    …not reach it here. The order dismissing the complaint with prejudice is REVERSED and the case is REMANDED for further proceedings. WOLF and VAN NORTWICK, JJ., CONCUR. . See Vann v. Dep’t of Corrections, 662 So. 2d 339 (Fla.1995); Mills v. Duggar, 601 So. 2d 634 (Fla. 4th DCA 1992); Parker v. Murphy, 510 So. 2d 990 (Fla. 1st DCA 1987).…

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