Raben-Pastal v. City of Coconut Creek

545 So. 2d 885, 14 Fla. L. Weekly 271, 1989 Fla. App. LEXIS 290, 1989 WL 4371
CourtDistrict Court of Appeal of Florida
DecidedJanuary 25, 1989
DocketNo. 4-86-2096
StatusPublished
Cited by2 cases

This text of 545 So. 2d 885 (Raben-Pastal v. City of Coconut Creek) 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.

Bluebook
Raben-Pastal v. City of Coconut Creek, 545 So. 2d 885, 14 Fla. L. Weekly 271, 1989 Fla. App. LEXIS 290, 1989 WL 4371 (Fla. Ct. App. 1989).

Opinions

ANSTEAD, Judge.

This is an appeal from a post-judgment order setting aside a jury verdict for appellants in their federal civil rights action against the appellees. We affirm.

In 1981 Raben-Pastel commenced construction of a multiple-phase residential project in the City of Coconut Creek. After remedial efforts failed to eliminate cracks that had appeared in several of the buildings, the city’s chief building officer, James Cowley, issued official stop-work orders on the affected buildings pending implementation of agreed repairs. Subsequently, an engineering firm retained by the city as a special consultant and inspector for the project, approved repair plans to correct the cracks. On July 2, 1981, the engineering firm officially certified to the city that the repairs were complete. Notwithstanding the city engineer’s certification, Cowley refused to lift the stop-work order for some five months'. During that time, Raben-Pastel twice filed appeals to the Broward County Board of Rules and Appeals in addition to filing a petition for writ of mandamus in the United States District Court.

During the five-month interim between certification and the eventual lifting of the stop-work order, media coverage of the dispute suggested that the unoccupied, unfinished buildings were unsafe. The project was eventually closed down by appellants. Subsequently, Raben-Pastel sued the entities allegedly responsible for the cracks in the buildings for design negligence and the City of Coconut Creek and James Cowley, as its chief building official, under 42 U.S.C. section 1983 for violation of its civil rights. It was claimed that the cracks, the arbitrary delay in restarting the project, and the attendant publicity over the safety of the project caused it to fail. Prior to trial Raben-Pastel settled with everyone but the city and Cowley.

A jury rendered a verdict for appellants, and, in a special verdict, concluded that Cowley “intentionally violated and/or misapplied the provisions of the South Florida Building Code or acted arbitrarily, capriciously and unreasonably” in refusing to lift the stop-work order. The jury further found that Cowley’s actions were representative of “an official policy, custom or practice of the City of Coconut Creek.” However, in post-trial proceedings, the trial court set aside the jury verdict and entered judgment in favor of Cowley and the city based on its conclusion that Raben-Pastel had: 1) a procedural rather than a substantive due process claim; and 2) an adequate remedy at law thereby precluding it from recovery under section 1983.1 The court also held that Cowley and the City were entitled to a set-off in the section 1983 action because of settlements Raben-Pas-tel had made with the other defendants prior to trial.

MUNICIPAL LIABILITY UNDER SECTION 1983

The appellants initially claim that the trial court erred in setting aside the jury’s verdict. Their argument is two-pronged. First, they claim that Cowley’s refusal to lift the stop-work order violated their right [887]*887to continue construction of their project without unreasonable interference. Second, they claim that the City was responsible for Cowley’s action since it deferred to his judgment on the issue of the stop-work orders. Considered together, appellants claim these actions gave rise to a cause of action under 42 U.S.C. section 1983 which provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State ... subjects ... any citizen of the United States ... to the deprivation of rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law....

While cities have been held to be “persons” subject to liability under the provisions of this act, the kind of municipal activity that may give rise to liability has not been clearly defined. It has been held, for example, that a city may not be held liable under section 1983 simply on the basis of its common-law responsibility for the acts of its employees. On the other hand, cities have been held responsible in cases where an official city policy itself is shown to be the cause of the constitutional deprivation.

Recently, the United States Supreme Court, in City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988), sought to clarify the law of municipal liability under section 1983. Praprotnik was an architect employed by the city of St. Louis in a management-level city planning position who, after sucessfully appealing a temporary suspension to the city’s Civil Service Commission, was transferred to a clerical position in another city agency before eventually being laid off the following year. In his section 1983 suit, Praprot-nik claimed that the city violated his First Amendment rights by laying him off as a retaliatory action taken in response to his suspension appeal. He won at the trial court level. On appeal, the Eighth Circuit affirmed, finding that the jury had implicitly determined that Praprotnik’s layoff was brought about by an unconstitutional city policy. Praprotnik v. City of St. Louis, 798 F.2d 1168 (8th Cir.1986). Defining a “policymaker” as one whose employment decisions are “final” in the sense that they are not subjected to de novo review by higher ranking officials, the Court of Appeals concluded that the city could be held liable under section 1983 for adverse personnel decisions made by the city supervisors. Id. at 1175.

The Supreme Court reversed, and in doing so attempted to clarify the principles set out in Pembaur v. Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), wherein the Court had endeavored to refine the test for determining when a decision by a city employee on a single occasion may be sufficient to establish an unconstitutional municipal policy. 475 U.S. at 478-80, and nn. 7-8, 106 S.Ct. at 1297-99, and nn. 7-8. In Pembaur, a majority of the Court agreed that: 1) municipalities may be held liable under section 1983 only for “acts which the municipality has officially sanctioned or ordered.” 475 U.S. at 480, 106 S.Ct. at 1298; 2) only those municipal officials who have “final policymaking authority” may subject the government to section 1983 by their actions. Id. at 483, 106 S.Ct. at 1300; 3) whether a particular official has “final policymaking authority” is a question of state law. Ibid.; 4) the challenged action must have been taken pursuant to a policy adopted by the official or officials responsible under state law for making policy in that area of the city’s business. Id. at 482-83, and n. 12, 106 S.Ct. at 1299-1300, and n. 12. Noting that the identification of policymaking officials is a question of state law, and not a question of fact in the usual sense, the Praprotnik opinion stated that:

The States have extremely wide latitude in determining the form that local government takes, and local preferences have led to a profusion of distinct forms.

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Bluebook (online)
545 So. 2d 885, 14 Fla. L. Weekly 271, 1989 Fla. App. LEXIS 290, 1989 WL 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raben-pastal-v-city-of-coconut-creek-fladistctapp-1989.