Eslinger v. Shields

• Decision Date: 19 July 2012
• Docket Number: No. 5D10–4201.,5D10–4201.
• Citation: 91 So.3d 185
• Court: Florida District Court of Appeals
• Parties: Donald ESLINGER, in his official capacity as Sheriff of Seminole County, Appellant, v. Kimberly SHIELDS, Appellee.

91 So.3d 185

Donald ESLINGER, in his official capacity as Sheriff of Seminole County, Appellant,

v.Kimberly SHIELDS, Appellee.

No. 5D10–4201.

District Court of Appeal of Florida, Fifth District.

June 8, 2012.

Rehearing Denied July 19, 2012.

Thomas W. Poulton, Karin M. Glascock, and Christine H.D. Moser of DeBevoise & Poulton, P.A., Winter Park, for Appellant.

Chad A. Barr and Crystal L. Eiffert of Eiffert & Associates, P.A., Orlando, for Appellee.

JACOBUS, J.

Donald Eslinger, Sheriff of Seminole County, timely appeals a jury award of damages to Kimberly Shields on a claim of false imprisonment by the Seminole County Sheriff's Office. Eslinger contends that the trial court should have directed a verdict on the false imprisonment claim because the Seminole County Sheriff's Office arrested Shields based on two valid warrants. We agree and reverse.

In 2002, Shields was involved in an automobile accident in Seminole County. During the investigation of the accident, Shields presented her driver's license and registration information to the Deputy Sheriff at the scene. The Deputy conducted a warrant search and found there were two outstanding felony warrants for Shields out of Charlotte County. The Deputy arrested Shields and took her to the Seminole County Jail. At the jail, she was strip-searched and detained until she was brought before a magistrate for initial appearance. Unbeknownst to Shields, her identity had been stolen by a person in Charlotte County and that person had committed crimes, which resulted in the issuance of the felony warrants. The warrants contained Shields' information, including her name, birth date, height, weight, and her social security number. During the time she was in custody, Shields maintained that she had not committed any crimes and she was not the subject of the warrants. It was ultimately determined that Shields was not the subjectof the warrants, and she was ordered released by the magistrate at initial appearance.

Shields sued Eslinger, as Sheriff of Seminole County, for false imprisonment, negligence for an unlawful strip-search, and negligent training and supervision. The case proceeded to trial and, after Shields presented her case-in-chief, Eslinger moved for a directed verdict on the false imprisonment claim. The lower court denied that motion. The jury returned a verdict in Shields' favor and awarded her $75,000 for the false imprisonment claim and $25,000 for the unlawful strip-search claim.¹

On appeal, Eslinger argues the lower court erred in denying his motion for directed verdict on the false imprisonment claim because the warrants for Shields were valid. We agree.

This case is controlled by Willingham v. City of Orlando, 929 So.2d 43 (Fla. 5th DCA 2006). There, Willingham was the victim of identity theft. The man who had stolen Willingham's identity had an outstanding warrant for his arrest. The warrant was issued in Willingham's name and Willingham was arrested based on the warrant. Id. at 45. At the time of his arrest, Willingham tried to explain that his identity had been stolen, but the officer did nothing to investigate Willingham's contention. Id. at 45–46. He was taken to the...