GARY BAUDER, APPELLANT,
v.
BARBARA WHITE GENTILE, APPELLEE
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.
The court held that a police officer loses qualified immunity when the warrant application is so lacking in probable cause that belief in its existence is unreasonable.
Plaintiff sued a police officer, and the trial court granted summary judgment for the officer. This court previously found the affidavit for a search …
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.
Explore caselaw by topic → Browse Objective Reasonableness Standard cases and more on FLexlaw
PER CURIAM.
The plaintiff, Gary Bauder, appeals from an adverse final summary judgment. We reverse.
In Malley v. Briggs, 475 U.S. 335, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986), the United States Supreme Court held that “objective reasonableness ... defines the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutional arrest.” Malley, 475 U.S. at 344, 106 S.Ct. at 1098. Further, “[o]nly where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will the shield of immunity be lost.” Malley, 475 U.S. at 344-45,106 S.Ct. at 1098.
In the instant case, where this Court previously found that “the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-officer’s suspicion to the level of probable cause,” Bauder v. State, 613 So. 2d 547 (Fla. 3d DCA), review denied, 624 So. 2d 268 (Fla.1993), the shield of immunity is lost. Accordingly, we find that the trial court erred, as a matter of law, by granting the defendant police officer’s motion for summary judgment.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gentile v. Bauder, 718 So. 2d 781 (Fla. 1998)…WELLS, Justice. We have for review Bauder v. Gentile, 697 So. 2d 1222 (Fla. 3d DCA 1997), which conflicts with Stogniew v. McQueen, 656 So. 2d 917 (Fla.1995); Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla.1977), and other cases setting forth Florida’s law on collateral es-toppel. We have jurisdiction. Art. V, § 3(b)(…1 / 2
-
S. Internet Sys., Inc. v. Pritula, 856 So. 2d 1125 (Fla. 4th DCA 2003)…lied covenant to an express term of the contract. Furthermore, appellee’s assertion presupposes that the settlement agreement was already a binding and enforceable contract. We conclude that it was not. In Carson v. Fishtail Marine of Naples, Inc., 697 So. 2d 1222 (Fla. 2d DCA 1997), the parties entered into a contract for the sale of a boat. One of the conditions of the sale was U.S. Coast Guard inspection and approval of the boat for commercial use. Neither party disputed that the Coast Guard’s approval was…
Authorities Cited
- Malley v. Briggs, 475 U.S. 335 (U.S. 1986)
- Zelia Luzia Santos v. 47 Serv. Station, Inc., 613 So. 2d 547 (Fla. 3d DCA 1993)
- Bauder v. State, 613 So. 2d 547 (Fla. 3d DCA 1993)