M. L. SAXON D/B/A SAXON TERMITE CONTROL, APPELLANT,
v.
WARREN E. KNOWLES AND THE CITY OF SANFORD, APPELLEES
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Saxon Termite Control appeals dismissal of complaints alleging defamatory statements by a city manager acting in his official capacity. The court affirms dismissal based on the absolute privilege protecting executive government officials from liability for defamatory publications made in connection with their official duties.
The court affirmed dismissal, holding that executive officials of government enjoy absolute privilege from liability for defamatory publications made in connection with the performance of their official duties. This privilege extends to defamatory publications made intentionally or negligently by a city manager within the scope of employment, and exoneration of the official requires exoneration of the employer municipality.
“a municipality may be held liable for the intentional torts of its employees committed within the scope of their employment”
Establishes the general rule of municipal liability under respondeat superior as held by the Florida Supreme Court in City of Miami v. Simpson.
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Join FLexlaw to unlock all legal intelligenceM. L. Saxon doing business as Saxon Termite Control filed complaints against Warren E. Knowles, individually and in his capacity as city manager of Sa…
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Plaintiff, M. L. Saxon doing business as Saxon Termite Control, appeals dismissal with prejudice and without leave to amend two separate amended complaints against the co-defendant, City of Sanford.
Each complaint contained a count directed against Warren E. Knowles, individually, and another against the City of Sanford on the theory of respondeat superior. Both complaints alleged that defendant, Warren E. Knowles, while acting in his capacity as city manager, knowingly made false and malicious representations concerning plaintiff’s business reputation and practice to the newspapers and to the public. Each complaint also contained an alternative count alleging that these representations were negligently made by defendant, Knowles, while acting within the scope of his employment.
At the time the orders were entered the First and Second District Courts of Appeal had held a municipality not liable for the intentional torts of its employees committed within the scope of their employment. Middleton v. City of Fort Walton Beach, Fla.App.1959, 113 So.2d 431; Rose v. City of Fort Lauderdale, Fla.App.1964, 163 So.2d 889. The Third District Court of Appeal had held to the contrary. Simpson v. City of Miami, Fla.App.1963, 155 So.2d 829.
Since the filing of briefs in this case the Supreme Court has held that a municipality may be held liable for the intentional torts of its employees committed within the scope of their employment. City of Miami v. Simpson, Fla.1965, 172 So.2d 435.
Since oral argument in this case the Supreme Court has held that executive officials of government are absolutely privileged from liability for defamatory publications made in connection’ with the performance of the duties and responsibilities of their office. McNayr v. Kelly, Fla., 184 So.2d 428, opinion filed March 23, 1966. 1966.
*196The absolute privilege granted an executive governmental official extends to defamatory publications intentionally or negligently made by the city manager of the City of Sanford when committed within the scope of his employment.
The alleged liability of the city is based solely on the doctrine of respondeat superior. Exoneration of the city manager necessarily requires the exoneration of his employer, the City of Sanford. Williams v. Hines, 1920, 80 Fla. 690, 86 So. 695.
Affirmed.
SMITH, C. J., ANDREWS, J., and MELVIN, WOODROW M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Mueller v. THE Florida BAR, 390 So. 2d 449 (Fla. 4th DCA 1980)…atteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959). As the latter case points out, the privilege extends only to words or acts within the scope of the authority of the public servant. Ward v. Allen, 11 So. 2d 193 (Fla.1942); Saxon v. Knowles, 185 So. 2d 194 (Fla. 4th DCA 1966); Knight v. Starr, 275 So. 2d 37 (Fla. 4th DCA 1973). We have previously distinguished absolute privilege from the concept of sovereign immunity. Cobbs Auto Sales, Inc. v. Melvin Coleman, 353 So. 2d 922 (Fla. 4th DCA 1978). Artic…
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Palm Beach Cnty. Health Care Dist. v. Prof'l Med. Educ., Inc., 13 So. 3d 1090 (Fla. 4th DCA 2009)…ote the February 23, 2000 letter. Because the liability of the District on the defamation count is predicated on its status as Davis’s employer, the absolute immunity of Davis “necessarily requires the exoneration” of the District. Saxon v. Knowles, 185 So. 2d 194, 196 (Fla. 4th DCA 1966); see Bauer v. [*1096] City of Gulfport, 195 So. 2d 571, 573 (Fla. 2d DCA 1967); Murphy v. City of Aventura, No. 08-20603-CIV, slip op. at 5 n. 3, 2008 WL 4540055 (S.D.Fla. Oct. 10, 2008); Medina v. City of Hialeah, No. 02-20…
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Crowder v. Barbati, 987 So. 2d 166 (Fla. 4th DCA 2008)…S.Ct. 1335, 3 L.Ed.2d 1434 (1959)). “As the latter case points out, the privilege extends only to words or acts within the scope of the authority of the public servant.” Id. (citing Ward v. Allen, 152 Fla. 82, 11 So. 2d 193 (1942); Saxon v. Knowles, 185 So. 2d 194 (Fla. 4th DCA 1966); Knight, 275 So. 2d at 37). Where the official acts “within the scope of their office” that official enjoys “an absolute privilege.” Mueller, 390 So. 2d at 451. Mueller held that immunity applied to a press release issued by the…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McNAYR v. Kelly, 184 So. 2d 428 (Fla. 1966)
- City OF Miami v. Roce Simpson, 172 So. 2d 435 (Fla. 1965)
- Williams v. Walker D. Hines, 80 Fla. 690 (Fla. 1920)
- Middleton v. City OF Fort Walton Beach, 113 So. 2d 431 (Fla. 1st DCA 1959)
- Roce Simpson v. City OF Miami, 155 So. 2d 829 (Fla. 3d DCA 1963)
- Rose v. City OF Fort Lauderdale, 163 So. 2d 889 (Fla. 2d DCA 1964)