[Download] "Euceda v. State" by Florida Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Euceda v. State
- Author : Florida Court of Appeals
- Release Date : January 29, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Lawrence Scott Andrews appeals the dismissal of his complaint against the Florida Parole Commission (Commission) and the Department of Corrections (DOC) for false imprisonment and for negligent discharge of official duties. The trial court dismissed the complaint concluding both that sovereign immunity barred recovery, and that Andrews had been taken into custody and incarcerated by DOC under a facially valid warrant. We conclude that the actions of the Commission were quasi- judicial in nature and entitled to protection under the doctrine of judicial immunity. We further conclude that no action for false imprisonment can be maintained against DOC because, as shown by the allegations of the complaint itself, Andrews had been taken into custody and incarcerated by DOC based upon a presumptively valid warrant and commitment order issued by the Commission. We therefore affirm the order and judgment of dismissal; however, we certify to the Florida Supreme Court a question of great public importance concerning whether the Commission and DOC can be held liable for false imprisonment under circumstances such as were presented in this case.
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