Plaintiff v Florida Fish and Wildlife Conservation Commission Officers

Matthew Collett (North Florida/Jacksonville) (Premises Liability) obtained final summary judgment in favor of two Florida Fish and Wildlife Conservation Commission Officers who were sued for false arrest and conspiracy to violate the Plaintiff’s civil rights, in the U.S. District Court, Middle District of Florida, Jacksonville Division. Plaintiff was arrested for armed trespassing and obstructing an officer without violence after Plaintiff refused to produce his identification and concealed weapons permit upon the FFWCC Officers’ request while investigating the Plaintiff for trespassing underneath a power line easement. Later, it turned out that the Plaintiff was not trespassing, and criminal charges were eventually dropped. Plaintiff brought this subsequent civil rights lawsuit against Defendants alleging claims of false arrest and conspiracy to violate Plaintiff’s civil rights, among other federal civil rights claims against the Co-Defendant St. Johns County Sheriff’s Officers. The court concluded that the FFWCC Officers (and the Co-Defendant Officers) were entitled to qualified immunity from Plaintiff’s _ 1983 civil rights claims because there was at least arguable probable cause to arrest Plaintiff for trespassing, armed trespassing, and carrying a concealed weapon in violation of Florida Statutes. Plaintiff has appealed the decision to the Eleventh Circuit Court of Appeals.