Cunningham v. Florida Department of Children & Families

Although I agree that the complaint was timely, I believe that it is barred, in any event, by judicial immunity. I join in the decision to reverse only because the appellant has not yet been afforded an opportunity to avoid the judicial immunity issue by amending the complaint.

The essence of the appellant’s claim is that the Department of Children and Family Services was negligent in allowing the court to transfer custody of the child to her natural mother. This claim is stated in paragraph 15 of the first amended complaint in the following language:

15. The Defendant formerly HRS, permitted:…