STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS
v.
TAMMY PATE

Fla. 1st DCA | 2019-01-10
No. 17-4562
Waggoner Carr
263 So. 3d 1133 Florida District Court of Appeal, First District (2019)

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Holding

An employee in a retaliatory discharge case must establish a causal link between the adverse employment action and protected activity, and the 'cat's paw' theory of liability is not viable under Bracewell.


Headnotes

[1] In a retaliatory discharge case, an employee must establish a causal connection between the adverse employment action and the protected activity to prevail; the 'cat's pa…

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Facts & Procedural History

Tammy Pate, an employee of the Florida Department of Corrections, filed a discrimination suit against the Department and was subsequently terminated. …

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Opinion of the Court

1228 (Fla. 1st DCA 2017),1 and was not otherwise supported by the evidence. Accordingly, we reverse the final judgment and remand for entry of judgment in favor of the Department.

REVERSED and REMANDED with instructions WOLF, LEWIS, and WETHERELL, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Ashley Brooke Moody, Attorney General, and Glen A. Bassett, Assistant Attorney General, Tallahassee, for Appellant. Marie A. Mattox, Marie A. Mattox P.A., Tallahassee, for Appellee.

Footnotes
1 The trial court did not have the benefit of the Bracewell opinion at the time of the trial.

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