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VAUGHAN v. FLORIDA DEPT. OF AGRICULTURE

Nos. 4D04-1109, 4D04-2136.

920 So.2d 650 (2005)

Christopher D. VAUGHAN, Appellant, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, a State Agency of the State of Florida; Ken Jenne, as Sheriff of Broward County; Deborah Conner, Individually; Antonio Elso, Individually; and Giuseppe A. Weller, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 10, 2006.

Attorney(s) appearing for the Case

Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, and Diane H. Tutt of Diane H. Tutt, P.A., Davie, for appellant.

Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, P.A., Miami, for Appellees-Deborah Conner & Antonio Elso.

Michael R. Piper of Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, P.A., Fort Lauderdale, for Appellee-Giuseppe Weller.

STONE, J.

This case arises out of an entry onto the plaintiff, Vaughan's, property to remove citrus trees by Elso and Conner, employees of the Department of Agriculture, and Weller, a deputy sheriff. The trial court entered orders dismissing these three defendants on grounds that they were entitled to qualified immunity.

The essential qualified immunity issue in this appeal is whether, at the time of the incident, the law clearly established that a warrant...

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