Henderson V. Bowden

We have for review Bowden v. Henderson, 700 So. 2d 714 (Fla. 2d DCA 1997), which is in apparent conflict with our opinion in Everton v. Willard, 468 So. 2d 936 (Fla. 1985), on an issue regarding the doctrine of sovereign immunity. See Art. V, § 3(b)(3), Fla. Const. As a threshold matter, we conclude that the sheriff's deputies here owed the plaintiffs' decedents a duty of care because the deputies' alleged actions during the roadside detention placed the decedents within a foreseeable zone of risk. Regarding sovereign immunity, we resolve the apparent conflict by determining that Kaisner v. Kolb, 543 So. 2d 732 (Fla. 1989), controls this case and that Everton is factually distinguishable. Following the Kaisner line of cases, we conclude that sovereign immunity does not bar the instant suit because the deputies' actions were operational in nature as opposed to the discretionary, policy-making functions in which courts should not become involved under the separation-of-powers doctrine. The decision below is approved.