Meeker v. Addison

• Decision Date: 06 July 1984
• Docket Number: No. 83-618-Civ-SMA.,83-618-Civ-SMA.
• Citation: 586 F. Supp. 216
• Parties: Theresa MEEKER a/k/a Theresa Ann Gokool, Plaintiff, v. R.E. ADDISON and Florida Highway Patrol, a Division of Highway Patrol of the Department of Highway Safety and Motor Vehicles, an Agency of the State of Florida, jointly and severally, Defendants.
• Court: U.S. District Court — Southern District of Florida

586 F. Supp. 216

Theresa MEEKER a/k/a Theresa Ann Gokool, Plaintiff, v. R.E. ADDISON and Florida Highway Patrol, a Division of Highway Patrol of the Department of Highway Safety and Motor Vehicles, an Agency of the State of Florida, jointly and severally, Defendants.

No. 83-618-Civ-SMA.

United States District Court, S.D. Florida.

December 30, 1983.

Supplemental Opinion July 6, 1984.

Kathleen Phillips and Joel Lumer, Miami, Fla., for plaintiff.

Joseph Lewis, Jr., Richard D. Katz, Asst. Attys. Gen., Miami, Fla., for defendants.

ORDER

ARONOVITZ, District Judge.

THIS CAUSE came before the Court upon the Motion to Dismiss Plaintiff's Complaint, filed by Defendants R.E. ADDISON ("ADDISON") and FLORIDA HIGHWAY PATROL ("FHP").

THE COMPLAINT alleges that on November 14, 1982, Plaintiff THERESA MEEKER, a/k/a THERESA ANN GOKOOL ("MEEKER"), was lawfully driving her automobile in Dade County, Florida, when she was ordered to the side of the road by Defendant ADDISON, acting under color of state law by virtue of that Defendant's official position as an FHP Officer. Plaintiff MEEKER was subsequently arrested for driving under the influence of alcohol ("DUI"), and, allegedly without warrant or probable cause or process of any Court, was incarcerated in the Dade County Jail for approximately eight (8) hours. Plaintiff claims that she was not intoxicated at the time of her arrest. On this basis, Plaintiff MEEKER alleges that she is entitled to damages for: (1) false arrest rising to the level of Constitutional invasions; (2) assault and battery arising from allegedly rough and excessively forceful treatment during the course of Plaintiff's arrest; (3) false imprisonment in the rear of Defendant ADDISON's vehicle against Plaintiff's will; (4) malicious prosecution in that Plaintiff was charged with and prosecuted for DUI in County Court, which resulted in Plaintiff's acquittal; and (5) the violation of 42 U.S.C. § 1983 by both Defendants, in that the aforementioned acts of Officer ADDISON allegedly occurred because of Defendant FHP's failure to properly screen its employees or train them not to violate the constitutional rights of such persons as Plaintiff MEEKER. Plaintiff seeks compensatory and punitive damages, attorney's fees, and costs of the action under each of the causes of action outlined above.

THIS CASE allegedly arises under 42 U.S.C. §§ 1983, 1988 and the common law of Florida, the Court's jurisdiction being based on 28 U.S.C. §§ 1331, 1332 and 1343, as well as upon the doctrine of pendent jurisdiction.

THE COURT having considered the Motion, the Reply and Amended Reply thereto, all memoranda submitted in support thereof, the relevant portions of the record, the law, and having been otherwise fully advised in the premises, it is thereupon

ORDERED AND ADJUDGED that the Motion be, and the same is hereby, GRANTED IN PART AND DENIED IN PART, for the reasons and on the terms articulated in this ORDER.

The claims brought against these Defendants under 42 U.S.C. §§ 1983 and 1988 are governed by different legal standards and principles from the pendent claims brought under Florida tort law. Hence, the Motion shall be addressed separately as to each of these distinct sets of claims.

THE FEDERAL CIVIL RIGHTS CLAIMS

With respect to Defendant ADDISON in his individual capacity, the Motion to Dismiss is DENIED. Although the Complaint in ¶ 6 concedes that "at all times relevant hereto Defendant Addison was acting in the course and scope of his employment," it is alleged that Defendant ADDISON exceeded his authority by acting without probable cause.¹ When read as a whole, the Complaint suffices to state a cause of action under §§ 1983 and 1988 against Defendant ADDISON as an individual. Plaintiff has sufficiently alleged that (1) Defendant ADDISON has deprived Plaintiff of a constitutionally secured right, and (2) Defendant ADDISON acted under color of state law. These are the essential elements of a federal civil rights action under § 1983. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); cf. Stringer v. Dilger, 313 F.2d 536 (10th Cir.1963) (holding that a state highway patrolman arresting a person for DUI was acting under "color of" state law, even though he may have exceeded his official authority). An individual officer may be held liable for damages for conduct that has deprived a person of his constitutional rights. See, e.g., Owen v. City of Independence, 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980), reh'g denied, 446 U.S. 993, 100 S.Ct. 2979, 64 L.Ed.2d 850 (1980); Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); cf. Berdin v. Duggan, 701 F.2d 909 (11th Cir.1983).

Regarding Defendant ADDISON as an OFFICER of the STATE of FLORIDA, the Motion to Dismiss is hereby GRANTED. Plaintiff has conceded, in ¶ 6 of the Complaint, that Defendant ADDISON was acting within the course and scope of his employment by the State. It has been held that where an Officer has so acted, the state or government entity cannot be vicariously liable for his torts or actions in excess of his authority. See, e.g., Owen v. City of Independence, 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980); Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). This is not to say that suit cannot be maintained against Defendant ADDISON individually, and the Court has expressly held otherwise hereinabove. The State, however, cannot be held liable under a respondeat superior or vicarious liability theory for the tortious misconduct of its officers or employees. Owen, supra; Monell, supra.

As against Defendant FHP, the Motion to Dismiss is DENIED except that as to punitive damages only, the Motion is GRANTED. A cognizable federal cause of action has been stated under 42 U.S.C. §§ 1983 and 1988.

In Quern v. Jordan, 440 U.S. 332, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979), the Supreme Court of the United States held that by enacting 42 U.S.C. § 1983, Congress did not override the sovereign immunity conferred upon the states by the Eleventh Amendment. In its current state of evolution, this type of immunity has been described by the Supreme Court as "the rule ... that a suit in federal court by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment." Quern v. Jordan, 440 U.S. at 337, 99 S.Ct. at 1143, citing Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 1356, 39 L.Ed.2d 66 (1974).

This Court has previously held, in Brooks v. Parker, No. 80-2258-Civ-SMA (S.D.Fla. Jan. 21, 1981) (adopting the Report and Recommendation of Magistrate Peter R. Palermo), that the language of Fla.Stat. § 111.071(1)(a), which had not as yet been codified, "clearly indicates that the Florida Legislature intended to waive the State's sovereign immunity" in actions brought under § 1983. For the reasons articulated in this Court's opinion in Brooks v. Parker, this Court reiterates its holding that the State of Florida has waived its sovereign immunity for actions of this type.

Waiver of sovereign immunity is not to be lightly inferred. See Florida Department of Health and Rehabilitative Services v. Florida Nursing Home Association, 450 U.S. 147, 101 S.Ct. 1032, 67 L.Ed.2d 132, reh'g denied, 451 U.S. 933, 101 S.Ct. 2008, 68 L.Ed.2d 319 (1981); Quern v. Jordan, supra; Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). In fact, waiver should only be found where the relevant statutes contain either "`the most express language or ... such overwhelming implications ... as will leave no room for any other reasonable construction.'" Florida Department of Health and Rehabilitative Services, 450 U.S. at 150, 101 S.Ct. at 1034, citing Edelman v. Jordan, 415 U.S. at 673, 94 S.Ct. at 1361 (quoting Murray v. Wilson Distilling Co., 213 U.S. 151, 29 S.Ct. 458, 53 L.Ed. 742 (1909). As this Court found in Brooks v. Parker, and as further expounded upon herein, the relevant Florida statutes fall within even the most stringent tests of construction and admit of no reasonable interpretation other than waiver of Eleventh Amendment sovereign immunity.

Florida Statute § 111.07, "Defense of Civil Actions Against Public Officers," states, in pertinent part, as follows:

Any agency of the state ... is authorized to provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission ... arising out of and in the scope of his employment or function...

Defense of such civil action shall include, but not be limited to, any civil rights lawsuit seeking relief personally against the officer ... for an act or omission under color of state law, wherein it is alleged that such officer, employee, or agent has deprived another person of his rights under the Federal Constitution or laws.

(Emphasis supplied).

Florida Statute § 111.07, prior to the revisions of 1979, see Laws 1979, c. 79-139, § 1, had been titled "Defense of tort actions against public officers or employees," and had been worded so as to reflect its focus on tort claims.² The changes in the statute broaden its reach to include Federal Constitutional actions. This is especially significant when construed in conjunction with Florida Statute § 111.071(1)(a), which provides that a state agency, where not insurable under the Insurance Risk Management Trust Fund, is authorized to spend its monies in order to satisfy "any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of any officer, employee or agent in a civil or civil rights lawsuit described in § 111.07 ..." (Emphasis supplied). Section 111.071(1)(a) goes on to...