Willingham v. City of Orlando

• Decision Date: 12 May 2006
• Docket Number: No. 5D05-736.,No. 5D05-1111.,5D05-736.,5D05-1111.
• Citation: 929 So.2d 43
• Parties: Donald K. WILLINGHAM, Appellant, v. The CITY OF ORLANDO, Officer Wayne Costa, etc., Appellee.
• Court: Florida District Court of Appeals

929 So.2d 43

Donald K. WILLINGHAM, Appellant, v. The CITY OF ORLANDO, Officer Wayne Costa, etc., Appellee.

No. 5D05-736.

No. 5D05-1111.

District Court of Appeal of Florida, Fifth District.

May 12, 2006.

COPYRIGHT MATERIAL OMITTED

Kathryn L. Kasprzak of Kathryn L. Kasprzak, P.A., Orlando, and Jeremy K. Markman of The Markman Law Firm, P.A., Orlando, for Appellant.

Walter A. Ketcham, Jr. and Ramon Vazquez of Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A., Orlando, for Appellees, The City of Orlando and Wayne Costa.

John S. McEwan, II and David C. Bibb of McEwan, Martinez & Dukes, P.A., Orlando, for Appellee, Orange County.

MONACO, J.

This case requires us to examine the potential liability of law enforcement officers and their governmental employers in connection with the execution of an arrest warrant and the taking into custody of the person named in the warrant. Because we conclude that no cause of action for false arrest or false imprisonment against the officer or the involved agencies could be alleged under the facts of this case, we affirm.

The appellant, Donald K. Willingham, asserts that in January of 2000, his wallet was stolen. A month later he realized that one Craig Caldwell was unlawfully using his identity. Apparently Mr. Caldwell had been charged with displaying another's driver's license in violation of section 322.32, Florida Statutes (1999). The license that he wrongly displayed was that of a third person not involved in this case. When Mr. Caldwell was confronted about his display of another's license, however, he then claimed to be Donald K. Willingham, and gave Mr. Willingham's address as his own. The real Mr. Willingham was thereafter notified that he had been charged in Lake County with driving at an unlawful speed. After he protested and the Lake County authorities investigated the matter, they concluded that Mr. Willingham's identity had in fact been misused by Mr. Caldwell. Mr. Willingham was then issued a civil infraction disposition dismissing the charge because of mistaken identity.

Several years later, according to Mr. Willingham, he was stopped in Orlando by Officer Wayne Costa of the Orlando Police Department. Officer Costa was investigating an outstanding warrant issued in Osceola County for failure to redeliver a hired vehicle, in violation of section 817.52, Florida Statutes (2003). Based on the outstanding Osceola County warrant, Officer Costa arrested Mr. Willingham outside his residence despite the protests of the appellant to the effect that his identity had been stolen, and that the officer had the wrong man. Mr. Willingham offered to get documentation for Officer Costa to demonstrate that he was not the person being sought pursuant to the warrant. Specifically, Mr. Willingham offered to produce the civil infraction disposition from the Lake County unlawful speeding case, as well as two booking photographs from the Orange County Correctional Facility. Officer Costa, however, chose not to investigate Mr. Willingham's assertion of mistaken identity.

Mr. Willingham was first taken to the Orange County Jail, and was then transported to the Osceola County Correctional Facility. Once at the correctional facility, Mr. Willingham continued to protest his innocence to staff members. After five days of confinement, Mr. Willingham was released when the staff there completed an investigation into his assertions.

Several months later Mr. Willingham filed a civil complaint against Officer Wayne Costa and his employer, the City of Orlando, and Orange County, the operator of the jail where he was originally taken after his arrest. In the first count of the complaint Mr. Willingham sought damages against the City of Orlando for false arrest. He asserted that Officer Costa, an employee of the City, improperly and unreasonably restrained him when he was arrested, and that the City knew or should have known that Mr. Willingham was not the person named in the warrant. He further alleged that the City did not have a "valid warrant" to effect his arrest. The second count sought damages against Officer Costa for false arrest, both individually and in his official capacity. Mr. Willingham there asserted that the exercise of restraint by Officer Costa was improper and unreasonable because the warrant was invalid and not based on "probable cause." The remaining counts asserted claims of false imprisonment against the City of Orlando, Officer Costa, and Orange County.

In response the City and Officer Costa alleged that probable cause existed to arrest Mr. Willingham because of the existence of the arrest warrant, and asserted that there was no theory under which Mr. Willingham could recover against either of them. In addition, Officer Costa claimed that he was clothed with qualified immunity from personal liability for damages by virtue of section 768.28(9)(a), Florida Statutes (2003), because his actions were "conducted in good faith," and with "the actual and reasonable belief that such actions were legal and proper under the circumstances." Finally, Officer Costa pointed out that at no time did he act in his individual capacity with respect to the arrest of Mr. Willingham.

Orange County answered by asserting, among other things, that the arrest and confinement of Mr. Willingham involved a "discretionary function" associated with the enforcement of law, and that it was therefore entitled to sovereign immunity from liability. Finally, Orange County also urged that its agents and employees acted in accordance with the law regarding the enforcement of arrest warrants.

All three defendants sought partial summary judgment. At the hearing, Mr. Willingham argued that he had booking photographs near him from the incident in 2000, but that Officer Costa refused to look at either the photographs or other documents from the previous identity theft incident. His argument was as follows:

My position in this case is that this police officer didn't make a reasonable mistake, because by choosing to be deliberately indifferent in—in choosing not to look at the photographs, that wasn't reasonable. Because it was right there. He was at the scene. There was no reason he shouldn't look at them. No reason he couldn't have looked at them. If the jury chooses to believe that they weren't presented to him, then, essentially, no case. If the jury believes that they were presented to him, and that was a reasonable mistake, still against— against me. But if the jury chooses to believe that they were presented to the officer at the scene, and the officer, by choosing not to look at them, wasn't being reasonable, then it's in favor of Donald Willingham.

The trial court, however, granted a summary judgment on the authority of McGhee v. Volusia County, 679 So.2d 729 (Fla.1996); Stayer v. State, 590 So.2d 25 (Fla. 4th DCA 1991); and McCray v. State, 496 So.2d 919 (Fla. 2d DCA 1986). The court also cited Pollock v. Florida Dep't of Highway Patrol, 882 So.2d 928 (Fla.2004), for the proposition that no special duty of care was owed to Mr. Willingham because of a failure to abide by any office procedures. The court eventually concluded that neither the City of Orlando, nor Orange County, nor Officer Costa violated Mr. Willingham's rights by executing a "valid arrest warrant." This appeal followed. We find no error.

We review a trial court's grant of a summary judgment using a de novo standard. See Major League Baseball v. Morsani, 790 So.2d 1071, 1074 (Fla.2001); Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). In order to determine the propriety of a summary judgment, a reviewing court must resolve whether there is any genuine issue as to any material fact, and whether the moving party is entitled to judgment as a matter of law. Fla. R. Civ. P. 1.510(c). The moving party for summary judgment has the burden to demonstrate conclusively the nonexistence of any genuine issue of material fact. A reviewing court will consider the evidence contained in the record, including any supporting affidavits, in the light most favorable to the nonmoving party. If the slightest doubt exists, summary judgment cannot stand. See Mivan (Florida), Inc. v. Metric Constructors, Inc., 857 So.2d 901, 902 (Fla. 5th DCA 2003); Krol v. City of Orlando, 778 So.2d 490, 491-92 (Fla. 5th DCA 2001); see also Horizons Rehab., Inc. v. Health Care and Ret. Corp., 810 So.2d 958 (Fla. 5th DCA), review denied, 832 So.2d 104 (Fla.2002). With those precepts in mind, we separately consider Mr. Willingham's claims against the officer individually, and against the governmental entities collectively.

I. The Claims Against The Police Officer For Personal Liability.

Officer Costa suggests that he was entitled to immunity from suit and from damages against him personally by virtue of section 768.28(9)(a), Florida Statutes (2003), which reads as follows:

No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. ... The exclusive remedy for injury or damage suffered as a result of an act, event, or omission of an officer, employee, or agent of the state or any of its subdivisions or constitutional officers shall be by an action against the governmental entity, or the head of such entity in her or his official capacity or the constitutional officer of which the officer, employee, or agent is an employee, unless such act or omission was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(Emphasis added). Thus, unless...