City of Miami v. Rivera
Three Miami firefighters terminated after a noose/defaced-photo incident sued the City and its fire chief for defamation based on a press release and press conference statements characterizing the events as a single incident. The Third DCA granted certiorari, holding it had jurisdiction because absolute immunity is immunity from suit that cannot be adequately remedied on direct appeal, and that the chief's written and oral statements about the terminations fell within the scope of his duties, so the City and chief are absolutely immune.
Key facts
- Three Miami firefighters sued the City of Miami and its fire chief for defamation based on a press release and press conference statements made by the chief regarding the firefighters' terminations following a noose and defaced-photo incident.
- The trial court denied the City and fire chief's motion to dismiss the defamation counts, and the Third DCA granted certiorari to review the denial.
- +2 more key facts with a free trial
Why it matters
Useful authority for public-entity defense counsel: it confirms certiorari is available to enforce absolute immunity before trial and applies the liberal 'scope of duties' construction to a department head's public… — full analysis with a trial
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