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Category: Legal
Satisfied Customers: 17248
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Can a cop in Florida who takes a patient original doctor written

Customer Question

Can a cop in Florida who takes a patient original doctor written prescription that explains treatment from Pharamacy without court order or authorization be sued in his individual capacity? One might argue that he is protected under qualified immunity however it was malicious cause he lied to the pharmacist that he had a court order. Is there any court case in Florida since he was acting out of the scope of his duties that stop him from being cover under qualified immunity?
Submitted: 4 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 4 years ago.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


This will be a difficult case to prove, however in FL, cases such as yours have been possible,


a recent Court case show how to do this.


Case: Moody v. State, 27 FLW D59, 3rd DC

Date: January 4, 2002

FACTS: This is a simplified version of what took place. A taxi driver in Key West called the police department to report someone throwing beer cans at cars. When the police responded, the taxi driver pointed out a house and advised the officers that the suspect had gone inside. The officers entered the residence and arrested the person for throwing the beer cans. The owners of the house, who were present at the time of the arrest, eventually sued the police officers for entering their residence without a warrant. The officers claimed they were entitled to qualified immunity which shields them from personal liability. The court agreed and entered a judgment in their favor. The owners of the home appealed.

RULING: The appellate court reversed the trial court and ruled that the officers could not rely on the doctrine of qualified immunity. The appellate court first explained that for the owners of the home to overcome the claim of qualified immunity, they must show that the police officers violated clearly established law that a reasonable officer would have known. The court then pointed out that it is well-established law that if the police do not a have a search warrant, they cannot enter a third-party’s residence to make an arrest unless they (1) obtain consent, (2) are in hot pursuit, or (3) exigent circumstances exist. The police officers tried to argue that they were in hot pursuit of the beer thrower when they entered the house. The appellate court did not agree.