Lawsuit over ‘defamatory’ ECSO billboard dismissed
A man who claims he was falsely labeled as a sexual predator on a law enforcement billboard had his defamation lawsuit thrown out Monday.
Kenneth Cobb, 42, is currently incarcerated for failure to register as a sex offender, but he claims a 2014 Escambia County Sheriff’s Office billboard misrepresented him as a sexual predator — a designation that is reserved for sexually violent offenders.
In 2016, Cobb filed a lawsuit claiming the billboard damaged his reputation. The suit named Escambia County, the city of Pensacola, the Escambia County Sheriff’s Office and Sheriff David Morgan, in his official capacity as sheriff, as defendants.
The case was dismissed Monday not necessarily on the grounds Cobb’s allegations were false, but rather because government entities and their agents are protected from defamation lawsuits under sovereign immunity.
Sovereign immunity sets limits on when people can sue government agencies, as well as monetary caps on how much governments can be forced to pay. In many instances, sovereign immunity also protects government employees from being found individually liable for harmful actions as long as they aren’t committed maliciously.
Florida does waive sovereign immunity in certain instances, such as when someone suffers loss of property, personal injury or death because of a negligent or wrongful act by an employee.
A mistake made in the process of conducting normal business wouldn’t apply.
At a hearing in Judge Edward P. Nickinson’s chambers Monday, attorneys for the city and the Sheriff’s Office asked for Cobb’s case to be dismissed. Cobb, representing himself, phoned in from prison.
After hearing arguments from both sides, Nickinson granted the motion to dismiss the case. He explained to Cobb that even if he could prove what the Sheriff’s Office published about Cobb was false, under sovereign immunity there was no legal mechanism to hold the agency liable.
“What you’ve asked this court to do is something that is not within this court’s power to do,” Nickinson explained.
A 2002 review of sovereign immunity by the Florida Senate found the policy “Eliminates a chilling effect on law enforcement officials who might be less willing to investigate, pursue, and arrest criminals if errors could result in liability.”
Cobb pleaded no contest to felony battery and kidnapping-false imprisonment in 2008, which led to his sexual offender designation. He was sentenced to two concurrent 90-day sentences, followed by 18 months of probation. He violated probation in 2009, and served prison time until 2012.
He was sentenced to further prison time after failing to register as a sex offender in 2012, 2013 and 2014. He now is serving a seven-year sentence at the Bay Correctional Facility for the three counts, and has been in prison since October 2014.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I wonder if the guy can get a lawyer – you know judges interpret the law incorrectly sometimes and the whole sovereign immunity deal seems to have to do more with the actual investigation of crimes – not making a mistake while constructing a public hit list. The way the judge interpreted that law makes it sound as though LE can never be held accountable for their actions regardless of the situation. I would have to believe that is not how the law was intended to function? I also have to wonder whether the judge would have decided differently had the subject not been a sex offender?
So…..90 days for the original ‘sex’ crimes, and 10 YEARS or so for the administrative “crimes.” Florida is one screwed up state.
And, of course, the government passes laws that holds itself and its people unaccountable.
Just a couple of comments. As I now understand it, the Florida government is at freedom to falsely demean someone’s life and character and in the process be protected. Shades of gestapo and KGB. Additionally, in Florida I am designated as a sexual predator, while in Virginia, where the offense took place, I was not so designated. If being so designated in Florida means I am a sexually violent offender, then the designation I must ‘carry’ couldn’t be farther from the truth…the offense involved my daughter. We have both resolved the situation and are working together for a better life for both of us. Florida seems to be in the business of destroying lives and families. That business must pay well.
You are so right but the main reason is the conservative mentality of the states overall uneducated population. Those are more easily to control and what controls better than FEAR!
It worked with Hitler and the Jews and it is working for ALL politicians and us “so-called” Sex Offenders! Just look at the progression over the years up to the MARK in the most fundamental of documents…the PassPort!
Nothing new here just business as usual for power hungry politicians and we are the fuel they burn to keep the fire of hate going with!