Attorneys defending Brevard County Sheriff Wayne Ivey towards a defamation swimsuit over his common “Wheel of Fugitive” present argue the sheriff is allowed to say no matter he desires, nevertheless he desires, in the midst of his duties — even when it is “false or malicious,” in accordance to a latest courtroom submitting.
In a movement to dismiss the case filed final week with the Brevard County courts, Ivey’s attorneys argued that public officers are “absolutely immune” from defamation claims for statements made in the midst of their official duties underneath Florida case legislation, no matter whether or not the statements are true or dangerous.
“(A) sheriff is absolutely immune from suit for defamation if he chooses to make public statements accusing a community member of committing a crime, even if those statements are alleged to be false or malicious,” attorneys wrote in a Feb. 14 submitting.
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David Austin Gay is suing Ivey and the Brevard County Sheriff’s Office after he was falsely included in 4 episodes of “Wheel of Fugitive” in 2021 whereas he was both already in jail or legally launched from custody.
In the social media present, patterned off the “Wheel of Fortune” gameshow, Ivey spins a wheel with footage of individuals he says are on the run from the legislation and picks a “fugitive of the week,” encouraging them to flip themselves in and residents to name in suggestions that might lead to their arrest.
A FLORIDA TODAY investigation discovered Gay was considered one of 60 non-fugitives included on the wheel between February 2020 and February 2021 who have been both in jail on the time the episode aired, already free or had no lively arrest warrant.
Brevard legal professional Jessica Travis, who’s representing Gay, has argued the expertise price her consumer a job and broken his fame and psychological well being. He is searching for unspecified damages within the case, together with for lack of earnings and ache and struggling.
Ivey’s legal professional cite 2008 case from Martin County
Attorneys for the sheriff are searching for to have the case tossed, nevertheless, citing prior circumstances they argue give Ivey the precise to say no matter he likes in his official duties because the county’s chief legislation enforcement officer.
“Even where allegedly false or malicious statements are distributed to the news media for broad public consumption,” the courts have held officers are secure from defamation, the Feb. 14 movement stated. “It is immaterial whether the statements were true or false, whether they were motivated by malice or ill-will, or whether they were made with reckless disregard for the truth.”
The Florida Supreme Court has dominated such protections are essential to “safeguard the ability of public officials to faithfully and fearlessly execute the duties of their office,” the movement stated.
Ivey’s attorneys cited a 2008 case towards then-Martin County Sheriff Robert Crowder, who was sued for defamation by a person included in a news launch naming “deadbeat parents” who allegedly failed to pay court-ordered youngster help.
An appeals courtroom threw out the case, ruling that “the purpose of the release was to induce delinquent parents to pay their child support, a proper government function,” Ivey’s attorneys quoted within the submitting.
Travis declined to remark for this story. A message searching for remark from Ivey or the Brevard County Sheriff’s Office was not instantly returned.
Miami-Dade mayor received related defamation case in 2020
Aubrey Jewett, a political science professor on the University of Central Florida, identified that Florida officers have used the argument to protect themselves from accountability previously.
A Miami-Dade county mayor evaded defamation claims in 2020 after a state courtroom dominated he was performing throughout the scope of his duties when he revealed allegedly defamatory statements in a termination letter to a county worker, Jewett stated.
“I think the question will come down to, was this (Wheel of Fugitive) within the scope of his duties?” Jewett stated.
“The presumption will be that he is on solid grounds,” Jewett stated. “He’ll argue that was the whole point, is to try to bring attention so that either the fugitives will turn themselves in or that people will see them and get them, and so if he makes a mistake, that’s just too bad.”
While legislation enforcement officers usually have particular obligations to respect an individual’s rights in different facets of their duties, the legislation reveals that won’t lengthen to what they say, Jewett stated.
“I think you would at least have an ethical obligation to ensure that the people on the wheel are in fact fugitives,” Jewett stated. “But apparently you might not have a legal obligation.”
Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or [email protected]. Follow him on Twitter: @EricRogersFT.