On February 5, 2008, Ellen Leonard, Sheriff Gee’s Chief Legal Counsel, sent an inter-office memorandum addressed to “Everyone” entitled “Legal Representation of Deputies”. In her memorandum, she asserted that the PBA has provided HCSO deputies with “not only inaccurate information, but also information that is misleading” concerning lawsuits against deputies. As this communication deserves a response, I asked Jeff Stull, the PBA’s General Counsel, for his views regarding the PBA’s Legal Defense Benefit and for a recent example of how it has helped HCSO deputies.
According to Mr. Stull, Florida State Statute 768.28 addresses immunity from civil lawsuits. Specifically, F.S.S. 768.28 (9) essentially provides immunity from civil litigation for any law enforcement officer unless the officer acted in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. The statute goes on to provide that the exclusive remedy for injury or damage to an individual is to sue the governmental entity employing the officer (i.e. the HCSO) unless the officer is found to have acted in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. In that case, the Sheriff is off the hook and the officer becomes liable.
As you are well aware, an incident recently happened at the jail where one of our deputies is alleged to have purposely dumped a quadriplegic from his wheelchair during the intake procedure. Sheriff subsequently turned the matter over to the State Attorney’s Office for a criminal investigation, and a warrant was obtained for the deputy’s arrest.
Because of the above referenced statute, the HCSO may be able to avoid liability in a civil action brought by this “victim” if the evidence shows that our deputy acted in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. So, ask yourselves whether it is in the Sheriff’s best interest to help this deputy or have her prosecuted. Do you think Ellen Leonard is providing this deputy any help whatsoever? We think not.
However, the deputy is a PBA member and she was immediately offered a first class, experienced criminal defense counsel by the PBA. Additionally, one of the detention corporals involved is being represented by PBA legal counsel. The PBA has since learned that the deputy involved has chosen to hire her own attorney to represent her in her criminal case. If and when she is sued civilly, the PBA will be there for her as well. If this happened to you, how many of you could afford the tens of thousands of dollars it would cost to defend both the criminal and civil actions? If the PBA represents us and you are a member, your expenses would be limited to your monthly dues.
If you don’t think this could happen to you, think again. What about the next time you are transporting a prisoner and the prisoner alleges you did something criminal like theft, abuse or sexual battery. It happens all too often. Where will the Sheriff and his legal staff be then? I know where the PBA will be - standing with you.
The PBA is not a perfect organization. It makes mistakes. But when the chips are down, it will be there for you. If you believe that Mike Rouleau, Steve Dickey or any of the PBA Board of Directors are incompetently representing you, then come forward and run for office. If necessary, vote your current leadership out rather than losing the benefits of collective bargaining. Buying into the Sheriff’s propaganda to vote the union out would be shortsighted.
Chuck Haber
WCFPBA Labor Relations
310-0334
