No Value: DEJESUS, ARACELIS vs. RUSSELL GIBSON, SHERIFF OF OSCEOLA COUNTY IN HIS

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                                Filing # 147051256 E-Filed 04/05/2022 10:26:54 AM

                                     IN THE CIRCUIT COURT
                                 OF THE NINTH JUDICIAL CIRCUIT
                        IN AND FOR OSCEOLA COUNTY, FLORIDA

        ARACELIS DEJESUS,

                    Plaintiff,

        VS.                                                         Case No.: 2017-CA-2703

        RUSSELL GIBSON, SHERIFF OF
        OSCEOLA COUNTY IN HIS OFFICIAL
        CAPACITY,

                    Defendant.
                                               /


                          ORDER ON PLAINTIFF’S MOTION FOR
                                 PARTIAL SUMMARY JUDGMENT


              This matter came before the Court on Plaintiff’s February 1, 2022 Motion for

        Partial Summary Judgment. The Court, having reviewed the motion and having

        heard argument of counsel makes the following ruling:

              1. The Parties agree that the limitation on liability of $200,000.00 set forth in

                 F.S. §768.28(5)(a), Fla. Stat. as of the date of this incident is applicable to

                 any judgment in this case.        Plaintiff's Motion for Partial Summary

                 Judgment as to Defendant’s Affirmative Defenses #1 and #2 as listed on

                 Defendant’s December 17, 2018 Answer and Affirmative Defenses to

                 Second Amended Complaint is GRANTED as to sovereign immunity for

                 discretionary or policy, planning, or training decisions, without prejudice

                 to Defendant to assert, via a motion in limine otherwise, the defense of
          sovereign immunity for discretionary policy making activities at tral, as

          appropriate. The sovereign immunity defense as to the content of policy

          and training is improper as to claims raised in the complaint.

      2. Plaintiff's Motion for Partial Summary Judgment as to Defendant’s

         Affirmative Defenses #3 is DENIED.


      3. Plaintiff's Motion for Partial Summary Judgment as to Defendant’s

         Affirmative Defense #4 and #5 is DENIED.


      4. Defendant hereby withdraws Affirmative Defenses 6, 7, and 9 as listed on

         Defendant’s December 17, 2018 Answer and Affirmative Defenses to

          Second Amended Complaint.

      DONE AND ORDERED in Chambers at Kissimmee, Osceola County,

Florida, this 5th day of April, 2022.



                                                     Qa
                                               >eSigned wMlargapsie. Schreiber in 2017 CA 002703 ON
                                                   on 04/05/2022 10:26:19 +8vsxZwK


                                          MARGARET H. SCHREIBER
                                          Circuit Judge
Copies to:
Counsel of record (electronically)




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