DIAZ v. FLORIDA HIGHWAY PATROL

No. 3D00-771.

775 So.2d 389 (2000)

Eduardo E. DIAZ, Appellant, v. FLORIDA HIGHWAY PATROL a/p/o Florida Department of Highway Safety and Motor Vehicles, Appellee.

District Court of Appeal of Florida, Third District.

November 29, 2000.


Attorney(s) appearing for the Case

George Nachwalter, Miami; Sina Negahbani, for appellant.

Enoch J. Whitney, General Counsel, and Judson M. Chapman, Assistant General Counsel, for appellee, Florida Department of Highway Safety and Motor Vehicles.

Before SCHWARTZ, C.J., and LEVY, J., and NESBITT, Senior Judge.


PER CURIAM.

Trooper Eduardo E. Diaz appeals the dismissal of the complaint he filed against the Florida Highway Patrol (FHP), claiming a violation of the Florida Civil Rights Act (FCRA). The trial court dismissed the trooper's claim after finding it lacked subject matter jurisdiction based on the FHP's assertion of sovereign immunity. We reverse. As Diaz points out, the FHP's position was conclusively rejected by this court in Jones v. Brummer,

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