Diaz v. Florida Highway Patrol

Trooper Eduardo E. Diaz appeals the dismissal of the complaint he filed against the Florida Highway Patrol (FHP), claiming a violation of the Florida Civil Rights Act (FCRA). The trial court dismissed the trooper’s claim after finding it lacked subject matter jurisdiction based on the FHP’s assertion of sovereign immunity. We reverse. As Diaz points out, the FHP’s position was conclusively rejected by this court in Jones v. Brummer, 766 So.2d 1107, 1108 (Fla. Sd DCA 2000). In Brummer, we concluded that a fair reading of FCRA, together with section 768.28, Florida Statutes (1999) which is…