Florida District Courts of Appeal, 1993

Estate of Smith ex rel. Jordan v. City of Hollywood

Estate of Smith ex rel. Jordan v. City of Hollywood
Florida District Courts of Appeal · Decided March 3, 1993 · Anstead, Owen, Warner, William
615 So. 2d 204; 1993 Fla. App. LEXIS 2742; 1993 WL 52957 (Southern Reporter, Second Series)

Estate of Smith ex rel. Jordan v. City of Hollywood

Opinion of the Court

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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