Hall v. Knipp
982 So. 2d 1196 (Fla. 1st DCA 2008)
An indigent prisoner sued the Florida Department of Corrections (DOC) and a corrections officer (CO), alleging the CO withheld blankets, bed sheets, and clean clothing from him for four and a half months, causing him injury and illness. The complaint alleged the CO acted in bad faith. Therefore, sovereign immunity barred the prisoner's claim against DOC because under § 768.28(9)(a), Fla. Stat. (2005), the State Florida or its subdivisions were immune from tort liability for the acts or omissions of an officer, employee, or agent committed in bad faith. The complaint alleged, in effect, that the CO acted outside the scope of his employment--in the sense of not exercising power lawfully vested in him--and was guilty of an unlawful usurpation of power the officer did not rightfully possess. The complaint's allegation that the CO wantonly or maliciously breached a duty of reasonable care posing an unreasonable risk of--and actually causing--physical harm was sufficient to withstand dismissal of the allegations brought solely against the CO.