EDWARD LEE THOMAS, JR., APPELLANT,
v.
FLORIDA GAME AND FRESH WATER COMMISSION, A SUBDIVISION OF THE STATE OF FLORIDA, AND THE CITY OF LAKE ALFRED, A FLORIDA MUNICIPALITY, APPELLEES
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Sovereign immunity does not bar an action for false arrest, and the trial court erred in dismissing the complaint on that basis.
Plaintiff was arrested based on a warrant for another individual with similar name but different physical characteristics. Plaintiff alleged probable …
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[*542] BLUE, Judge.
Edward Lee Thomas, Jr., appeals the trial court’s dismissal of his complaint on the basis of sovereign immunity. We agree and reverse.
Thomas was arrested by a Lake Alfred police officer who was accompanied by members of the Florida Game and Fresh Water Commission. The arrest warrant was issued by the Commission for Edward Sam Thomas, a white male, approximately 5'11", 196 pounds, born on January 17, 1966. Thomas alleged he is shorter, weighs 280 pounds, and produced identification at the time of arrest which listed his birth date as December 27, 1966. In his complaint, Thomas contended that probable cause did not exist for his arrest because of the discrepancies between his name, birth date and physical characteristics, and the name, birth date and physical description contained in the warrant. In addition, Thomas’ complaint included allegations that a police officer present at the time of arrest knew he was not the person sought by the warrant.
Sovereign immunity does not bar an action for false arrest. Lester v. City of Tavares, 603 So. 2d 18 (Fla. 5th DCA 1992). Although the trial court relied on this court’s ruling in Carpenter v. City of St. Petersburg, 547 So. 2d 339 (Fla. 2d DCA), review denied, 554 So. 2d 1167 (Fla.1989), the present case is distinguishable. Thomas has stated a claim for false arrest or imprisonment while the complaint in Carpenter was founded “on a theory of negligent arrest.” 547 So. 2d at 340. Because Thomas’ complaint was dismissed on the ground of sovereign immunity, we hold the trial court erred.
We do not reach the City’s arguments regarding defects in the service of process and failure to comply with the notice requirement of section 768.28, Florida Statutes (1991). These issues remain for the trial court’s consideration on remand.
Reversed and remanded.
PARKER, A.C.J., and LUTEN, CLAIRE K., Associate Judge, concur.
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Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)…. Agency discretion is at an end. I. Sovereign immunity is not a bar to a claim for false arrest. See Johnson v. State Dep’t of Health and Rehabilitative Sews., 695 So. 2d 927, 929 (Fla. 2d DCA 1997); Thomas v. Florida Game and Fresh Water Comm’n, 627 So. 2d 541, 542 (Fla. 2d DCA 1993); Lester v. City of Tavares, 603 So. 2d 18, 19 (Fla. 5th DCA 1992). Nothing supports a distinction “between an individual who is wrongfully deprived of his liberty before his jail term starts and one wrongfully deprived of his…
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Johnson v. State of Fla's. Dep't OF Health & Rehabilitative Servs., 695 So. 2d 927 (Fla. 2d DCA 1997)…of action as to count I pursuant to 42 U.S.C. § 1983 and reverse the dismissal of that count. As to count II for false arrest/false imprisonment, we reverse the dismissal as to Clemento and the City. See Thomas v. Florida Game & Fresh Water Comm’n, 627 So. 2d 541 (Fla. 2d DCA 1993) (sovereign immunity does not bar action for false arrest); Hennagan v. Department of Highway Safety & Motor Vehicles, 467 So. 2d 748 (Fla. 1st DCA 1985) (reversing dismissal of false imprisonment action against Department). We als…
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Nemat Jibory v. The City OF Jacksonville, 920 So. 2d 666 (Fla. 1st DCA 2005)…kinson v. Gonzalez, 839 So. 2d 709, 713 (Fla. 3d DCA 2003) (citing Lester v. City of Tavares, 603 So. 2d 18, 18 (Fla. 5th DCA 1992), for the proposition that there is no sovereign immunity for false arrest); Thomas v. Fla. Game & Fresh Water Comm’n, 627 So. 2d 541, 542 (Fla. 2d DCA 1993) (“Sovereign immunity does not bar an action for false arrest.”). Nor do we find merit in appel-lee’s argument that it had no duty to keep accurate records as the cases cited in support of that argument address negligence, not…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lester v. THE City OF Tavares, 603 So. 2d 18 (Fla. 5th DCA 1992)
- Tyniece Carpenter v. City OF ST. Petersburg, 547 So. 2d 339 (Fla. 2d DCA 1989)