Case Law & Resources: Florida

Citation

 

City of Miami v. Sanders, 672 So. 2d 46 (Fla. Dist. Ct. App. 1996)

Issue Presented & Facts

 

Whether a negligence cause of action can be filed against a police officer for excessive force.

​

Plaintiff ("Sanders") was driving home when Undercover police officers pulled her over and told Sanders that her car would be towed because they just arrested her brother. Sanders was upset and asked one detective not to take her car. The detective allowed Sanders to remove her personal belongings from the car and asked her to leave. According to the detective, Sanders refused to move. He then advised her she was under arrest. Sanders turned and started to walk away. The detective then grabbed her by the shoulder and again stated she was under arrest. Sanders turned around, hit the detective, and then continued walking. The detective followed her and grabbed her shoulder again. This time, Sanders spun around and slapped him in the face, causing his glasses to fall and break. He described Sanders as “going nuts,” and in an attempt to control her, they both stumbled and the detective fell on her. Sanders' ankle broke at some point during this incident.

Holding

 

No. If excessive force is used in an arrest, the ordinarily protected use of force by a police officer is transformed into a battery. There is no negligence cause of action for excessive force by the police. Excessive force is an intentional tort with a higher standard of proof than a negligence claim.

Reference to Fla. Stat. Ann. § 776.05 (West).