A. GRIFFIN AND SONEET R. KAPILA, AS TRUSTEE OF THE BANKRUPTCY ESTATE OF EARNEST P. NEAL, APPELLANTS,
v.
CITY OF OPA LOCKA, FLORIDA, 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 City is required to pay the civil rights judgment against its employee because the jury's finding of rape constitutes an intentional harm, satisfying the statutory exception.
[1] A jury's determination that a defendant committed rape constitutes a finding that the defendant intentionally caused harm for purposes of Florida Statute § 111.071(l)(a).
[2] Florida Statute § 111.071(l)(a) permits a municipality to pay a civil rights judgment against an employee if the final judgment does not determine that the employee inten…
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 intelligenceA plaintiff sued a city manager and the city for sexual harassment and assault, obtaining a jury verdict. After the federal appeals court reversed par…
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 42 U.S.C. § 1983 cases and more on FLexlaw
FLETCHER, Judge.
A. Griffin sued the City of Opa Locka and Earnest P. Neal, the City Manager, in federal district court for sexual harassment under 42 U.S.C. § 1983, and sexual assault (rape) under 42 U.S.C. § 13981, among other claims. On a jury verdict the court entered judgment awarding Griffin $500,000 for the sexual harassment and $1.5 million for the rape. Neal and the City appealed. The federal Eleventh Circuit Court of Appeals reversed the $1.5 million judgment as to the City for the sexual assault under § 1983 but affirmed in all other respects. Griffin v. City of Opa-Locka, 261 F. 3d 1295 (11th Cir.2001).
Griffin attempted to collect against Neal, but he declared bankruptcy, and Neal’s entitlement to have the City pay the judgment against him became an asset of the bankruptcy estate. The bankruptcy trustee, Soneet R. Kapila, joined Griffin in looking to the City for payment of the judgment, filing suit in state circuit court to compel the City to pay the civil rights judgment under Section U1.071(l)(a), Florida Statutes (2003). The trial court granted the City’s motion for summary judgment and for final judgment. Griffin and Kapila appealed.
Section 111.071(l)(a), Florida Statutes (2003), provides:
“If the action is a civil rights action arising under 42 U.S.C. s.1983, or similar federal statutes, payments for the full amount of judgment may be made unless the officer, employee or agent has been determined, in the final judgment to have caused the harm intentionally.” [e.s.]
When the jury in the federal civil rights trial determined that Neal raped Griffin'— an act which is per se intentional and harmful — then the final judgment made such a determination of intentional harm which satisfies the language of section 111.07(l)(a). It certainly meets the statutory intent, which is to prohibit the expenditure of public funds for intentional, harmful conduct by city officials, employees and agents. It would be absurd for the City to finance rape.
Affirmed.