Breach of Express Contract is Exception to Sovereign Immunity

Public entities are entitled to sovereign immunity in certain situations. That situation does not exist when the public entity enters into a contract. “Florida law recognizes a limited waiver of sovereign immunity where the municipality breaches an express written contract.” City of Miami v. Cruz, 47 Fla.L.Weekly D1353b (Fla. 3d DCA 2022). A public body cannot hide behind sovereign immunity to escape obligations under a written contract. By way of example, in Cruz, the plaintiff sued the City for breach of a settlement agreement. The City moved to dismiss based on sovereign immunity claiming the plaintiff’s action was barred. The City’s...

22 December

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

Posted by David Adelstein

in Trial Perspectives

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

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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...