# Calvert v. Collins

> District Court of Appeal of Florida · January 19, 2000 · 763 So. 2d 1145

URL: https://www.frixlaw.com/law-library/cases/7733867

## Case

- **Full name:** Robert CALVERT v. Mark COLLINS, Burt Reynolds Productions, Inc., a Florida corporation, and William Anthony Granims
- **Court:** District Court of Appeal of Florida
- **Decided:** January 19, 2000
- **Citations:** 763 So. 2d 1145; 2000 Fla. App. LEXIS 313; 2000 WL 36277
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Julianjoyce
- **Judges:** Joyce, Julian, Shahood, Stone
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7733867

## Opinion text

JULIAN, JOYCE A., Associate Judge.
This court affirms the trial court’s order dismissing count III of Appellant Robert *1146 Calvert’s second amended complaint. The amended complaint alleged that the damages resulting from a deputy’s actions (i.e., alleged false arrest and illegal search) while working as a private security guard for a private corporation, created a cause of action against the Sheriff of Palm Beach County, pursuant to 42 U.S.C. § 1983 .
In order to establish a cause of action against a sheriff in his/her official capacity on the theory that a facially lawful action led an employee to violate another’s federal rights the plaintiff would be required to show that the sheriffs action was taken with deliberate indifference as to its known or obvious consequences. A showing of simple or even heightened negligence does not rise to an actionable level. Board of County Comm’rs of Bryan County, Okla. v. Brown, 520 U.S. 397, 407 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997).
This court finds Calvert’s allegation that the sheriff did not enforce a policy to disallow officers’ off duty employment is insufficient to state a cause of action. Calvert will be unable to establish the requisite direct causal link between the sheriffs conduct and an off duty deputy’s alleged false arrest and illegal search.
STONE and SHAHOOD, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7733867. Public record. Not legal advice.