"To establish a federal malicious prosecution claim under § 1983, a plaintiff must prove (1) the elements of the common law tort of malicious prosecution, and (2) a violation. Orban a citation and that the existence of probable cause provides a complete defense to Dr. We agree with the district court that TPD officers had probable cause to issue Dr. Orban further argues that the City violated her due process rights by maintaining an illegal scheme to issue traffic citations without probable cause and then enforce them through the ex parte submission of traffic reports that contain hearsay and false information. Orban argues that the City maliciously prosecuted her when TPD officers, following an established policy, issued her a citation without probable cause. § 1983, alleging, inter alia, two counts of malicious prosecution and one count of a violation of her right to due process. Orban then filed the instant suit in federal court against the City of Tampa under 42 U.S.C. Subsequently, her case was reopened, and the citation was ultimately dismissed.
After discovering the existence of the long-form report and the mistakes therein, Dr. In reaching his decision, the traffic court judge allegedly relied on the officers' long-form report, which contained inadmissible hearsay and several errors. Orban contested the citation, but the traffic court judge found Dr. Failure to drive in such manner shall constitute careless driving and a violation of this section.ĭr.
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. In pertinent part, section 316.1925 defines "careless driving" as follows: Orban's claim of the SUV's existence and her description of its behavior is uncorroborated. Orban was unaware that the long-form report existed.ĭr. The officers gave copies of the citation and the short-form report to Dr. In addition, the officers drafted short-and long-form accident reports. Orban a citation for careless driving in violation of section 316.1925 of the Florida Statutes. Accordingly, the officers investigated the collision, determined that Dr.
#City of tampa traffic court driver#
These officers had been trained to issue a citation to the at-fault driver whenever damage accompanies an accident unless a supervisor agrees that a citation would be inappropriate under the circumstances. Two Tampa Police Department ("TPD") officers responded to the scene. Orban called the police to report the accident and request assistance. Orban's car and the car it struck sustained minor damage, so Dr. By the time she saw the traffic jam, it was too late for her brakes to adequately engage the pavement, which was wet with rain. Orban describes the accident as unavoidable, explaining that she was only able to see the stopped traffic after an SUV, behind which she was traveling, abruptly turned off the street. Orban was involved in a minor traffic accident when her car struck the rear of another vehicle, which was stopped in traffic.
We also review dismissals for lack of standing de novo. Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, presents no genuine issue of fact and compels judgment as a matter of law. We review a district court's grant or denial of summary judgment de novo. Barbara Orban appeals the district court's grant of summary judgment in favor of the City of Tampa on her malicious prosecution claims, and she also appeals the district court's dismissal, for lack of standing, of her claim that the City violated her right to due process.
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