Case Explained: ANDREW JOSEPH, JR. as natural father, next friend and personal representative of the Estate of Andrew Joseph III deceased v. HILLSBOROUGH COUNTY SHERIFF

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-10

Docket: 8:16-cv-00274-MSS-CPT

The Eleventh Circuit affirmed the district court’s judgment, upholding the jury’s verdict that found the Hillsborough County Sheriff’s Office liable for wrongful death while rejecting the plaintiff’s Fourth Amendment claim against Deputy Mark Clark. The court held that the Sheriff’s Office was not entitled to sovereign immunity because its failure to notify Andrew Joseph III’s parents and release him to a responsible adult constituted an “operational” decision rather than a protected “planning” or quasi-legislative function under Florida law, thereby breaching the common law duty of care. Regarding the Fourth Amendment claim, the court determined that a reasonable jury could conclude Deputy Clark had probable cause for the arrest based on evidence that Andrew was running through a chaotic crowd and engaging in disorderly conduct, rendering the denial of judgment as a matter of law appropriate. The court further ruled that C.T.’s testimony regarding an officer’s statements was admissible not as hearsay but to show the effect of those statements on the boys’ motivation to cross the interstate, and that the district court did not abuse its discretion in instructing the jury that statutory violations by officers regarding juvenile custody served as prima facie evidence of negligence. As a result of this affirmation, the wrongful death judgment against the Sheriff’s Office stands, requiring the defendants to satisfy the damages awarded to the estate, while the Fourth Amendment claim remains dismissed.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.