City of Boynton Beach v. Pierre
The Fourth DCA held that non-economic damages, such as pain and suffering, are not recoverable under the Florida Public Whistleblower Act, section 112.3187, because the statute contains no clear and unequivocal waiver of sovereign immunity for such damages. Although subsection (9)'s list of relief is introduced by the expansive word 'include,' the court found the scope too unclear to infer a waiver, and reversed the denial of the City's summary judgment motion with directions to enter partial summary judgment barring non-economic damages.
Key facts
- City of Boynton Beach appealed the trial court's denial of its summary judgment motion asserting sovereign immunity in a public-sector whistleblower retaliation case brought by Pierre under Florida Statute section 112.3187.
- Pierre sought damages including non-economic damages such as pain and suffering for alleged retaliation in violation of the Florida Public Whistleblower Act.
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Why it matters
This decision creates uniform district court authority (1st, 3d, and now 4th DCAs) barring pain-and-suffering damages against governmental employers under the Florida Public Whistleblower Act, substantially reducing… — full analysis with a trial
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