Rodriguez v. Miami-Dade County
Annotate this CasePlaintiff filed suit against County, alleging he was negligently shot by a police officer responding to a burglary alarm at his place of business. County argued it was entitled to immunity because the officer's actions were discretionary and fell under the police emergency exception. The trial court denied County's summary judgment motion as to the negligence claim and granted its motion as to the negligent retention claim. County filed a petition for writ of certiorari with the court of appeal. The court of appeal granted the writ, concluding that the undisputed facts showed a police emergency exception conferred sovereign immunity on County. The Supreme Court quashed the court of appeal's decision, holding (1) County's claim that it was entitled to sovereign immunity was not reviewable by the appellate courts through a petition for writ of certiorari; and (2) the court of appeal erred in concluding that County was entitled to summary judgment based on the police emergency exception. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.