Comas v. State Attorney of Volusia County and Daytona Beach PD

Robert Swanson and Matthew Bernstein (Deland, FL) (Civil Rights) The Plaintiff filed suit against the State Attorney of Volusia County (our client) and Daytona Beach PD for defamation, negligence, and negligent infliction of emotional distress after our client filed a felony Charging Affidavit against him but then promptly filed an “Announcement of No Information” whereby our client stated its intent not to prosecute Plaintiff for the charge. Robert Swanson successfully argued our Motion to Dismiss on the basis that our client was protected by prosecutorial immunity, and the trial court dismissed all causes of action with prejudice. The Plaintiff appealed to the 6th DCA, which Matt Bernstein handled, and the 6th DCA affirmed the dismissal after reviewing the parties’ briefs.