CIVIL RIGHTS: VIOLATION OF FLORIDA CIVIL RIGHTS ACT: FLORIDA COMMISSION ON HUMAN RELATIONS DETERMINATION OF TIMELINESS OF COMPLAINT IS DISPOSITIVE

Maynard v. Taco Bell of American, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1192 (Fla. 2d DCA May 31, 2013)

The trial court dismissed the plaintiff’s complaint for violation of the Florida Civil Rights Act based upon its determination that the plaintiff did not file a timely complaint with the Florida Commission on Human Relations.  The appellate court Click To Read Full Case Law Review...

TORTS: CONSTITUTIONAL LAW: CIVIL RIGHTS: VIOLENT SEIZURE OF INCOHERENT AND UNRESPONSIVE ACCIDENT VICTIM WHO DID NOT POSE A THREAT TO THE PUBLIC: EXCESSIVE FORCE: VIOLATION OF CLEARLY ESTABLISHED CONSTITUTIONAL RIGHT: FAILURE TO RENDER TREATMENT EN ROUTE TO HOSPITAL: ABSENCE OF CLEARLY ESTABLISHED CONSTITUTIONAL RIGHT

Brown v. Jenne, ___ So. 3d ___, 37 Fla. L. Weekly D1813 (Fla. 4th DCA August 1, 2012)

After fire rescue extricated the decedent from his car following a single vehicle rollover accident, he was incoherent and unresponsive.  Eventually, sheriffs deputies threw him to the ground, handcuffed, and hogtied him.  The decedent was placed in prone position on a … Click To Read Full Case Law Review...

TORTS: CIVIL RIGHTS: QUALIFIED IMMUNITY, INADEQUATE TRAINING, DELIBERATE INDIFFERENCE; WRONGFUL DEATH: SOVEREIGN IMMUNITY; ADA

Furtado v. Law, ___ So. 3d ___, 36 Fla. L. Weekly D238 (Fla. 4th DCA 2/2/11)

A deputy sheriff shot the plaintiff’s wife while attempting to execute a Baker Act certificate.  The shooting occurred when the wife, who was suffering from delusional paranoia, appeared from behind a bathroom door and lunged at the deputy with a knife overhead.  The … Click To Read Full Case Law Review...

CIVIL RIGHTS

Muhammad v. McNeil, ___ So. 2d ___, 34 Fla. L. Weekly D1149 (Fla. 1st DCA 6/9/09)

A Sunni Muslin serving a life sentence at Florida State Prison stated a prima facie case for declaratory and injunctive relief and for nominal damages under the Religious Land Use and Institutionalized Persons Act and 42 U.S.C. Section 1983 by alleging that … Click To Read Full Case Law Review...