[Download] "Azor J. Everton v. Marion Willard" by Supreme Court of Florida ~ Book PDF Kindle ePub Free

eBook details

Title: Azor J. Everton v. Marion Willard
Author : Supreme Court of Florida
Release Date : January 04, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 83 KB

Description

This cause is before us on petition to review a decision of the Second District Court of Appeal reported as Everton v. Willard, 426 So.2d 996 (Fla. 2d DCA 1983). The issue concerns a law enforcement officers discretionary police power authority to make or not make an arrest and whether a decision not to take an individual into custody constitutes a basic judgmental or decision-making function that is immune from tort liability. The district court in the instant case held that an officers decision under this discretionary authority is covered by basic governmental sovereign immunity that precludes liability for such a decision. We find direct conflict with the decision of the Fifth District Court of Appeal in Huhn v. Dixie Insurance Co., 453 So.2d 70 (Fla. 5th DCA 1984). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we approve the decision of the Second District Court of Appeal in the instant case, disapprove the decision in Huhn, and hold that the decision of whether to enforce the law by making an arrest is a basic judgmental or discretionary governmental function that is immune from suit, regardless of whether the decision is made by the officer on the street, by his sergeant, lieutenant or captain, or by the sheriff or chief of police.