THOMAS PRITCHETT, APPELLANT,
v.
CITY OF HOMESTEAD, ETC., APPELLEE
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This case concerns a police officer's lawsuit against his city for negligent supervision of an internal investigation. The court affirmed the lower court's decision, holding that police investigations do not create a specific duty of care to the subject of the investigation, thus barring a negligence claim.
No, the negligent conduct of police investigations does not create a cause of action because the duty to enforce the law is owed generally to the public, not to specific individuals being investigated.
[1] A cause of action for negligent supervision of police investigations does not lie because the duty to protect citizens and enforce the law is owed generally to the public…
[2] Police decisions regarding the enforcement of criminal law are generally immune from tort liability under the discretionary function exception to sovereign tort immunity.
Previewing 2 of 4 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“it has been recognized that the negligent conduct of police investigations does not give rise to a cause of action because the duty to protect citizens and enforce the law is one owed generally to the public.”
Establishes the general legal principle that police duties are owed to the public, not individuals.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA City of Homestead police officer was investigated for misconduct related to documenting narcotics investigations. The State Attorney's Office declin…
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PER CURIAM.
The appellant, a City of Homestead policeman, was investigated by the City’s police department internal affairs investigators for possible wrong doing in connection with his documentation of narcotics investigations. The City ultimately forwarded the matter to the State Attorney’s Office which analyzed whether discrepancies in appellant’s reports constituted official misconduct or perjury under Florida law. The State Attorney concluded that the activities the investigators found should be handled administratively, and returned the file to the City. Appellant was given a written reprimand by the City’s police department. He subsequently sued the City for “negligent supervision” of the investigation and alleged that he suffered from loss of earnings due to the denial of an anticipated promotion. The trial court granted summary final judgment in favor of the City and we affirm.
Beginning with Trianon Park Condominium, Ass’n v. City of Hialeah, 468 So. 2d 912 (Fla.1985) and Everton v. Willard, 468 So. 2d 936 (Fla.1985) it has been recognized that the negligent conduct of police investigations does not give rise to a cause of action because the duty to protect citizens and enforce the law is one owed generally to the public. See also Seguine v. City of Miami, 627 So. 2d 14 (Fla. 3d DCA 1993) (police decisions as to enforcement of criminal law are generally immune from tort liability under discretionary function exception to waiver of sovereign tort immunity); State v. Kowalski, 617 So. 2d 1099 (Fla. 5th DCA 1993) review denied 626 So. 2d 1367 (Fla.1993)(duty to enforce laws and protect public safety does not create legal duty of care to person who is subject of criminal investigation, approved by this Court in Stephen v. State, 659 So. 2d 705 (Fla. 3d DCA 1995)); J.B. v. Department of Health and Rehabilitative Services, 591 So. 2d 317 (Fla. 4th DCA 1991) (law enforcement officer’s alleged negligent failure to proceed with an investigation does not give rise to a cause of action).
Affirmed.
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Cited By
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King v. State, 650 F. Supp. 2d 1157 (N.D. Fla. 2009)
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Lippman v. City of Miami, 622 F. Supp. 2d 1337 (S.D. Fla. 2008)
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Irving v. St. John (M.D. Fla. 2022)
Authorities Cited
- Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)
- Azor J. Everton, Jr. v. Willard, 468 So. 2d 936 (Fla. 1985)
- Seguine v. Seguine, 627 So. 2d 14 (Fla. 3d DCA 1993)
- State v. Kowalski, 617 So. 2d 1099 (Fla. 5th DCA 1993)
- Gelin Stephen v. State, 659 So. 2d 705 (Fla. 3d DCA 1995)
- J.B. v. Dep't OF Health & Rehabilitative Servs., 591 So. 2d 317 (Fla. 4th DCA 1991)