Police Lieutenant Immune from Liability for Falsely Accusing Subordinate of WC Fraud
Falsely accusing someone of being a criminal is usually considered defamatory. In this case, a jury found that a police lieutenant had defamed one of his subordinates by falsely accusing him of committing workers' compensation fraud. They awarded him $50,000 in damages.
On appeal, however, the Fourth District Court of Appeal reversed the award with directions that judgment be entered in favor of the lieutenant. Relying upon earlier precedent, the Court concluded that the lieutenant, a "public official" whose statements were made in the course of his duties as police officer, was immune from liability for those statements. In Florida, said the Court, "public officials who make statements within the scope of their duties are absolutely immune from suit for defamation."
