District Court of Appeal of Florida

Dismissal of plaintiff's complaint against police officers and a city brought under 42 U.S.C. section 1983, and state and common law, is affirmed where: 1) the trial court did not err in finding defendant-captain possessed qualified immunity from suit, there was no merit in an Eighth Amendment claim against the captain in his individual capacity, dismissal of a section 1983 malicious prosecution claim and state tort claims was proper as there was probable cause for his arrest; 2) dismissal of claims against a city and a detective based upon the alleged negligent administration of a polygraph examination was proper; and 3) an negligent infliction of emotional distress claim against the city failed as there was no special duty owed to plaintiff, and he did not allege any physical harm to himself or another.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• SHAHOOD, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Hugh L. Koerner of Hugh L. Koerner, P.A., Hollywood, for appellant.


• For Appellees:
  
• Jamie A. Cole, Matthew H. Mandel and Gregory A. Haile of Weiss, Serota Helfman Pastoriza Cole & Boniske, P.A., Fort Lauderdale, for appellees.