No. 21-6047

Fortuno Jeanfort v. Florida Atlantic University Board of Trustees, aka Florida Atlantic University

Lower Court: Florida
Docketed: 2021-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: absolute-immunity civil-procedure civil-rights constitutional-guarantees due-process pleading-standards public-official standing tort-liability
Latest Conference: 2022-01-07
Question Presented (from Petition)

IntraDistrict courts all across the State have confused absolute immunity to State Universities themselves, versus the personal liability of (actual) public officials, allowing for State Universities to merely claim Absolute immunity as "magic words " to escape any gross negligence, tort liability pursuant to Article X section 13 of the Florida Constitution, 28 U.S.C §4101; and 18 U.S. Code § 1344

In contrast to the 1st DCA but in comparison to the 4th DCA and other district courts, Can a University defendant themself claim they are a Public Official as "magic words " to avoid bank fraud, gross negligence or any tort liability pursuant to Article X section 13 of the Florida Constitution, 28 U.S.C §4101, and 18 U.S. Code § 1344?

In its affirmation, The Florida Fourth district court of appeal affirmed the Circuit Court 's ruling solely on the basis of Absolute Immunity; however, did not address the other salient issue as to whether the Petitioner was allowed to plead in the alternative for a Negligence cause of action to moot any "Absolute Immunity " issue.

Whether the Fourth District Court of Appeals erred in holding in accord with the Third Appellate, but in contrast to the Second and Two other Appellate Courts, that under Cochran v. Craig. Florida Rule of Civil Procedure 1.110(g): and Federal Rule of Civil Procedures 8(a)(3); 8(d)(2) & 8(d)(3) the Petitioner was entitled to plead in the Alternative?

Question Presented (AI Summary)

Whether a university defendant can claim they are a public official to avoid liability for bank fraud, gross negligence, or tort liability

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-18
Waiver of right of respondent Florida Atlaantic Board of Trustees a/k/a Florida Atlantic University to respond filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Florida Atlaantic Board of Trustees a/k/a Florida Atlantic University
Christopher J WhitelockWhitelock & Associates, P.A., Respondent
Fortuno Jeanfort
Fortuno Jeanfort — Petitioner