Estate of Smith ex rel. Jordan v. City of Hollywood

District Court of Appeal of Florida

Estate of Smith ex rel. Jordan v. City of Hollywood

615 So. 2d 204, 1993 Fla. App. LEXIS 2742, 1993 WL 52957

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1993

DocketNo. 92-0475

StatusPublished

Cited by3 cases

This text of 615 So. 2d 204 (Estate of Smith ex rel. Jordan v. City of Hollywood) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of Smith ex rel. Jordan v. City of Hollywood, 615 So. 2d 204, 1993 Fla. App. LEXIS 2742, 1993 WL 52957 (Fla. Ct. App. 1993).

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Opinion

OWEN, WILLIAM C., Jr., Senior Judge.

Appellants’ decedent died as a result of injuries sustained when the car which she was operating was struck by a speeding vehicle being pursued by units of the Hollywood Police Department. The trial court dismissed with prejudice that count of appellants’ amended complaint which sought to state a cause of action under 42 U.S.C. § 1983 against two of the police officers involved in the high speed chase. We affirm the judgment of dismissal on the authority of Cannon v. Taylor, 782 F.2d 947 (11th Cir.1986), and Jones v. Sherrill, 827 F.2d 1102 (6th Cir.1987). While ordinarily leave to amend is granted when a complaint is dismissed for failure to state a cause of action, it is apparent that in this instance no viable cause of action under section 1983 can be alleged against the police officers.

AFFIRMED.

ANSTEAD and WARNER, JJ., concur.

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OWEN, WILLIAM C., Jr., Senior Judge.

Appellants’ decedent died as a result of injuries sustained when the car which she was operating was struck by a speeding vehicle being pursued by units of the Hollywood Police Department. The trial court dismissed with prejudice that count of appellants’ amended complaint which sought to state a cause of action under 42 U.S.C. § 1983 against two of the police officers involved in the high speed chase. We affirm the judgment of dismissal on the authority of Cannon v. Taylor, 782 F.2d 947 (11th Cir.1986), and Jones v. Sherrill, 827 F.2d 1102 (6th Cir.1987). While ordinarily leave to amend is granted when a complaint is dismissed for failure to state a cause of action, it is apparent that in this instance no viable cause of action under section 1983 can be alleged against the police officers.

AFFIRMED.

ANSTEAD and WARNER, JJ., concur.

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615 So. 2d 204, 1993 Fla. App. LEXIS 2742, 1993 WL 52957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-smith-ex-rel-jordan-v-city-of-hollywood-fladistctapp-1993.

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