The Blind Men and the Elephant by John Godfrey Saxe

Scott attempted to organize the department based on an experimental methodology called “problem oriented policing,” and to create a “flat line” department, where the number of supervisory positions was minimal. It hired Michael Scott as chief of police and directed him to structure and staff the new police force. In October 1994, the City decided to establish its own police department. The Officers' complaint was that they were not made sergeants after they held the equivalent, permanent position in an earlier administration. The Officers cross-appeal only the trial court's denial of equitable relief in addition to the damage awards.Īt its heart, this is a case based on an employment dispute.

On appeal, the City challenges the trial court's denial of its motions for summary judgment, the failure to grant a motion for directed verdict, and the denial of the City's motion for judgment notwithstanding the verdict, or in the alternative, for a new trial. The trial court denied the City's motions. The City timely moved for judgment notwithstanding the verdict, or in the alternative, for a new trial. For substantive due process violations, the jury awarded damages of $105,000 to Officer Rhames, $350,000 to Officer Mathis, and $360,000 to Officer Marto. The trial court denied the City's motion for summary judgment, and the case proceeded to trial in October 2001. They also claimed a violation of the Florida Police Officers' Bill of Rights, section 112.532(4), Florida Statutes (1995). They alleged that the City's decision to abolish the position of Lead Patrol Officer (“LPO”) constituted a deprivation of their due process rights under section 1983. In May 1999, John Rhames, Dan Mathis, and Robert Marto (the “Officers”), filed an amended complaint. § 1983.īecause we hold that the officers failed to state a cause of action for substantive due process violations in this employment case, we reverse the verdict with instructions to the trial court to enter judgment in favor of the City. All three officers recovered a final judgment for damages against the City for substantive due process violations under 42 U.S.C. Three former lead police officers sued the City over their failure to receive the equivalent rank of sergeant in the reorganized department.

This is a case where the City of Lauderhill reorganized its police department and eliminated the position of lead police officer. Williams of Law Offices of Williams & Associates, P.A., Miami, for appellees. Kalagher of Conrad & Scherer, LLP, Fort Lauderdale, for appellant. John RHAMES, Dan Mathis, and Robert Marto, Appellees. District Court of Appeal of Florida,Fourth District.ĬITY OF LAUDERHILL, a municipality, Appellant, v.

The Blind Men and the Elephant by John Godfrey Saxe