Gualtieri v. Bogle
A motorcyclist sued a Pinellas County deputy and the Sheriff for battery and negligent training after the deputy allegedly pulled him from his motorcycle during a traffic stop. On interlocutory appeal from denial of a motion to dismiss under rule 9.130(a)(3)(F), the Second District held the individual- and official-capacity battery counts against the deputy had to be dismissed with prejudice under section 768.28(9)(a) because the complaint affirmatively disclaimed bad faith, malice, and willful and wanton conduct, and that the negligent training count against the Sheriff was barred by the discretionary function exception. The battery count against the Sheriff, however, survived because whether the deputy acted in bad faith presents a fact question.
Key facts
- A motorcyclist sued a Pinellas County deputy and the Sheriff for battery and negligent training after the deputy allegedly pulled him from his motorcycle during a traffic stop.
- The complaint pleaded battery 'without bad faith or willful and wanton disregard' and contained no factual allegations of bad faith, malicious purpose, or willful and wanton conduct.
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Why it matters
This decision gives government defendants a clean roadmap for disposing of negligent training claims at the pleading stage: the Second District squarely holds that decisions about how to train officers and what subject… — full analysis with a trial
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