ESTATE OF SMITH v. CITY OF HOLLYWOOD

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Docket Number

No. 92-0475.

Attorney(S)

Timothy P. Beavers and Michael G. Kaplan of McFann, Beavers Kaplan, Fort Lauderdale, for appellants. Michael R. Piper of Johnson, Anselmo, Murdoch, Burke George, P.A., Fort Lauderdale, for appellee-Kordzikowski. B.J. Cummins of Cummins, Bass And Diaz, P.A., Fort Lauderdale, for appellee-Allen.

Judges

OWEN, WILLIAM C., Jr., Senior Judge.

Acts

The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights

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ESTATE OF HELEN SMITH, BY AND THROUGH ITS PERSONAL REPRESENTATIVE, SHEILA R. JORDAN, AND ON BEHALF OF THE ESTATE AND THE DECEDENT'S SURVIVORS, TWINDA SMITH, SHON WARD, SHEILA JORDAN AND CLYDELL CRAWFORD, APPELLANTS, v. CITY OF HOLLYWOOD, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, LIEUTENANT DAVID KORDZIKOWSKI, SERGEANT RICHARD ALLEN AND MS AND S TOYOTA, INC., D/B/A TOYOTA OF HOMESTEAD, APPELLEES.

OWEN, WILLIAM C., Jr., Senior Judge.

Appellants' decedent died as a result of injuries sustained when the car which she was operating was struck by a speeding vehicle being pursued by units of the Hollywood Police Department. The trial court dismissed with prejudice that count of appellants' amended complaint which sought to state a cause of action under 42 U.S.C. § 1983 against two of the police officers involved in the high speed chase. We affirm the judgment of dismissal on the authority of Cannon v. Taylor, 782 F.2d 947 (11th Cir. 1986), and Jones v. Sherrill, 827 F.2d 1102 (6th Cir. 1987). While ordinarily leave to amend is granted when a complaint is dismissed for failure to state a cause of action, it is apparent that in this instance no viable cause of action under section 1983 can be alleged against the police officers.

AFFIRMED.

ANSTEAD and WARNER, JJ., concur.

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