Spicy v. City of Miami
| Decision Date | 27 June 1973 |
| Docket Number | No. 42937,42937 |
| Parties | David SPICY, Petitioner, v. CITY OF MIAMI, a municipal corporation, Respondent. |
| Court | Florida Supreme Court |
Conflict as a basis for review on certiorari became apparent upon a close consideration of the factual situation appearing on the face of the Third District Court's opinion at 266 So.2d 101 (1972), reversing a resolution of those facts by a jury. Our quashal of a similar substitution of factual judgment by the Third District in Westerman v. Shell's City, Inc., 265 So.2d 43 (Fla.1972), and the holding in Golden Hills Turf and Country Club v. Buchanan, 273 So.2d 375 (Fla.1973), are bases for conflict, affording jurisdiction under Fla.Const. art. V, § 3(b)(3) (1973), F.S.A.
Two City of Miami police officers during the course of their duties saw Alton Exson (petitioner's decedent) in the right front passenger side of a taxicab in a dazed, incoherent condition suffering from a head injury. There was blood on the back of his head, on the seat of the cab and the sidewalk. The police testified that at the scene (taxi) the deceased spoke 'in a slow manner', did not answer coherently and his eyes were 'glassy looking'. 'That's why I started asking his co-worker what's wrong with him.' The officers did not detect any alcohol on his breath.
Decedent was transported to Jackson Memorial Hospital for an examination. The examining intern at the hospital stated that when he asked about drinking, Exson told him that he had earlier had 'two drinks.' The doctor 'felt that he had been drinking to the extent that he had a staggering gait,' although he conceded that neurological impairment to his legs from a blow on the head could also cause his staggering. The doctor had 'no opinion as to whether or not he was drunk'. 'I can't say that he was.' He recalls no conversation relaying his views to the police. Yet, the police based the required 'substantial reason to believe the plaintiff was committing a misdemeanor' 1 (public drunkenness) upon the Intern's later determination as to whether he was in fact drunk. This the officers cannot do. It is the Officer's judgment that must be exercised. It is he who must support by his testimony the charge he makes. Here he admits that he cannot when he testifies:
'Q. You wrote up an arrest paper, you said?
A. Right, and an injury report.
Q. What was the reason you wrote up both?
A. Well, the reason I wrote up both, Because I was not able to determine his problem. I felt like he was injured, I felt like he Possibly could have been drunk; I didn't know which one.
Q. You Did not know which one at that time--
A. Actually.
'Q. Would it be a fair statement to say that after you waved goodbye to Mr. Exson leaving in the ambulance you Left it entirely up to whatever doctor examined or was supposed to examine Mr. Exson Regarding whether or not her was drunk?
A. Right.
'Q. Besides that, did he appear to be normal?
A. Drunk or injured.
Q. Drunk or injured?
A. Drunk Or injured. His condition could have been from an injury or his condition could have been from some type of alcohol.' (Emphasis added)
The judge also questioned Officer Bowles concerning the substance of his testimony:
'THE COURT: He said he (officer) could not determine whether he was drunk or injured, so he said he left it up to the doctor.
You tell me (doctor) if, from your examination this man is injured. If he is injured, release him. If he is drunk, you have my arrest slip. Put him in the jail.
THE WITNESS (Bowles): Yes.
After the examination was completed at the hospital Exson was released to the Police Department and taken to jail. It never is clear as to his arrest. 2 The following day, his condition worsened, and he was returned to the hospital. A few days later, Exson died from multiple fractures of the skull and multiple contusions and lacerations.
Exson's administrator, petitioner herein, sued the City of Miami, respondent herein, and others, under the survival statute, 3 for false imprisonment. The complaint alleged that the City by and through its police officers falsely imprisoned Exson and were thereby liable under the doctrine of respondeat superior. 4 Following a trial on the issues, the jury said the City falsely imprisoned Exson and awarded $5,000 damages.
The Third District's opinion reversed the jury's verdict on the ground that 'under the circumstances reasonable men could not differ that the police officer acted reasonably.' In making this decision, the DCA cited City of Miami v. Albro, 120 So.2d 23 (Fla.App.3d 1960), as controlling precedent. In Albro, the district court said if the police officer has substantial reason to believe that the person was committing a misdemeanor, the officer can arrest him. Right. BUT--as we have pointed out herein--the Officer and not an intern at a Later time, must have the 'substantial reason' and must 'believe' from observation and evidence at the point of arrest that the person was then and there committing a misdemeanor in his presence. 5 The officer cannot base his arrest upon hearsay or a subsequent determination by a third person at a different point in time.
The district court also said that 'the courts cannot second guess the officer in the performance of his duty.' The Third District is correct that those of us sitting on the Court cannot do so but this is not to say that a Jury cannot, for indeed it is the jury which makes the factual determination of whether the officer was correct or not, where there are conflicting facts such as these, from which reasonable men could at least differ--from which in fact they would be hard put to find other than as they did in these circumstances. Indeed, the trial judge would have been well within his authority if he had directed a verdict for the plaintiff where it was so clear, and the officer admitted, that he did not know and could not determine at the scene whether the deceased was drunk or just injured; ergo, no 'substantial reason.' The unfortunate 'drunk' might better have fallen into the hands of the Good Samaritan. 6
The question is not one of whether or not the police acted reasonably in taking the deceased to a hospital when it was so apparent that he was injured. Of course they should have done so with all haste. It is rather a question of whether they had good cause at the time they found the deceased to place...
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