ESTATE OF HELEN SMITH, BY AND THROUGH ITS PERSONAL REPRESENTATIVE, SHEILA R. JORDAN, AND ON BEHALF OF THE ESTATE AND THE DECEDENT'S SURVIVORS, TWINDA SMITH, SHON WARD, SHEILA JORDAN AND CLYDELL CRAWFORD, APPELLANTS,
v.
CITY OF HOLLYWOOD, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, LIEUTENANT DAVID KORDZIKOWSKI, SERGEANT RICHARD ALLEN AND MS AND S TOYOTA, INC., D/B/A TOYOTA OF HOMESTEAD, APPELLEES
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OWEN, WILLIAM C., Jr., Senior Judge.
Appellants’ decedent died as a result of injuries sustained when the car which she was operating was struck by a speeding vehicle being pursued by units of the Hollywood Police Department. The trial court dismissed with prejudice that count of appellants’ amended complaint which sought to state a cause of action under 42 U.S.C. § 1983 against two of the police officers involved in the high speed chase. We affirm the judgment of dismissal on the authority of Cannon v. Taylor, 782 F. 2d 947 (11th Cir.1986), and Jones v. Sherrill, 827 F. 2d 1102 (6th Cir.1987). While ordinarily leave to amend is granted when a complaint is dismissed for failure to state a cause of action, it is apparent that in this instance no viable cause of action under section 1983 can be alleged against the police officers.
AFFIRMED.
ANSTEAD and WARNER, JJ., concur.
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Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)…a. 3d DCA 1991). Gladstone was given a more than adequate opportunity to frame a viable cause of action, but he failed to do so. His “claims” fail to offer facts sufficient to state a cause of action. See, e.g., Estate of Smith v. City of Hollywood, 615 So. 2d 204 (Fla. 4th DCA 1993). Gladstone’s brief does not seem directed at the circuit court orders which are the subject of this appeal. Instead, his initial brief concludes by stating that “the precise relief sought is based on damages for which the appell…
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In re The Est. OF Helen Smith v. City OF Hollywood, 644 So. 2d 158 (Fla. 4th DCA 1994)…smissed the complaint against certain police officers of the defendant City of Hollywood, including appellee Allen, on the grounds that it failed to state a cause of action. We affirmed that dismissal on appeal, Estate of Smith v. City of Hollywood, 615 So. 2d 204 (Fla. 4th DCA), rev. denied, 621 So. 2d 1065 (Fla.1993), cert. denied, — U.S. -, 114 S.Ct. 686, 126 L.Ed.2d 653 (1994), but denied an award of prevailing party attorney’s fees for the appeal. Later the trial court awarded prevailing party attorney’s…
Authorities Cited
- Jones v. Sherrill, 827 F.2d 1102 (6th Cir. 1987)
- Lemuel Cannon, Jr. v. Taylor, 782 F.2d 947 (11th Cir. 1986)