McGhee v. Volusia County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the employing agency is immune “if there is not even a pretense of lawful right in the performance of the acts”
• explaining that \a statute will not be construed to modify the common law unless such intent is evident or the statute cannot otherwise be given effect\
• explaining that the 1980 amendments to section 768.28(9) abrogated Talmadge insofar as it held that governmental employees could be sued in tort for conduct that fell within the scope of their employment
• rejecting the argument that a police officer who lunged at a defendant in custody, grabbed him by the throat, and kicked him was, as a matter of law, acting outside the scope of his employment or in a willful and wanton manner
• rejecting the argument that a police officer who lunged at a defendant in custody, grabbed him by the throat, and kicked him was, as a matter of law, acting outside the scope of his employment or in a willful and wanton manner
• \The doctrine of in pari materia requires the courts to construe related statutes together so that they illuminate each other and are harmonized.\

Source: CourtListener parenthetical corpus (CC0).