Scullock v. Gee
District Court of Appeal of Florida
1Opinion of the Court
NORTHCUTT, Judge.
Willie Scullock filed a civil action against the Hillsborough County Sheriff and several deputies seeking damages for false arrest and the excessive use of force. He appeals an order dismissing his suit with prejudice. We reverse.
The circuit court dismissed Scullock’s action based on three grounds asserted in the Sheriffs motion to dismiss. The first of these was the expiration of the statute of limitations. An excessive-use-of-force claim is properly considered a battery. See Essex Ins. Co. v. Big Top of Tampa, Inc., 53 So.3d 1220, 1223 (Fla. 2d DCA 2011). As such, it is…
2Cases cited10 opinions
- Commercial Carrier Corp. v. Indian River Cty.Supreme Court of Florida · 1979
- Levine v. Dade County School Bd.Supreme Court of Florida · 1983
- Thompson v. StateSupreme Court of Florida · 2000
- Cristiani v. City of SarasotaSupreme Court of Florida · 1953
- Essex Insurance Co. v. Big Top of Tampa, Inc.District Court of Appeal of Florida · 2011
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3Cited by4 opinions
- Nelson v. Hillsborough County, FloridaDistrict Court of Appeal of Florida · 2016
- Ervans v. The City of Venice, FloridaDistrict Court of Appeal of Florida · 2015
- Green v. LingleDistrict Court of Appeal of Florida · 2015
- Harris v. WingoDistrict Court, M.D. Florida · 2019