Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent

In an important opinion stemming from the tragically horrific and deplorable mass shooting at Stoneman Douglas High School in February 2018--an incident that eternally weighs heavily in hearts --the school resource officer assigned to the school was sued under negligence theories. Peterson v. Pollack, 44 Fla. L. Weekly D2983b (Fla. 4th DCA 2019). The school resource officer moved to dismiss the lawsuit under sovereign immunity (i.e., that he was statutorily immune from such a lawsuit), and specifically, protection afforded to him under Florida Statute s. 768.28(9)(a). This subsection provides in pertinent part: No officer, employee, or agent of the state or of...

14 January

0 Comments

Sticky

Public Body is Afforded Sovereign Immunity

Posted by David Adelstein

in Trial Perspectives

When it comes to pursuing a claim against a public body in Florida, you need to consider the application of sovereign immunity. This stands for the premise that the "king can do no wrong." Sovereign immunity is an important issue and will dictate the types of claims you pursue against a public body, whether you pursue a claim against a public body, and the conditions precedent to pursuing such a claim against a public body. Public bodies are afforded sovereign immunity with a limited waiver of sovereign immunity set forth in Florida Statute s. 768.28. The limited waiver of sovereign immunity...