07-0843 WENDALL HALL v. OFFICER KNIPP, FLORIDA DEPT. OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 07-0843

Case Date: 05/21/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WENDALL HALL, Appellant, v. OFFICER KNIPP, FLORIDA D E P A R T M E N T O F CORRECTIONS, Appellee. ___________________________/ Opinion filed May 21, 2008. An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge. Wendall Hall, pro se, Appellant. Kathleen Von Hoene, General Counsel, Florida Department of Corrections, Bill McCollum, Attorney General, and Joe Belitzky, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-0843

BENTON, J. Wendall Hall, an indigent prisoner, appeals the dismissal with prejudice of a complaint alleging that a correctional officer at the Florida State Prison wantonly, maliciously, or in a manner exhibiting wanton and willful disregard of human rights,

safety, or property, withheld blankets, bed sheets, and clean clothing for some four and a half months, causing him injury and illness. The trial court reviewed the original complaint, dismissed it without prejudice, then dismissed appellant's first amended complaint with prejudice, all pursuant to section 57.085(6), Florida Statutes (2006). We affirm as to the Department of Corrections (DOC), but reverse and remand for further proceedings as to the correctional officer individually. Sovereign immunity bars appellant's claim against DOC because the amended complaint alleges the correctional officer acted in bad faith. "The state or its subdivisions shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of her or his employment or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property."

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