Cate v. Oldham

Rule of Law:

Under Florida common law, a state official sued in his or her official capacity is barred from bringing a subsequent action for malicious prosecution against the original plaintiff, as such a retaliatory suit would unconstitutionally chill the public's right to petition the government for redress of grievances.

Facts:

• Mary Bradham died as a result of a battery committed by her estranged husband, Ernest Bradham.
• The estate of Mary Bradham believed that Gordon Oldham, the state attorney, knew of Ernest Bradham's dangerous propensities but failed to adequately prosecute and investigate him.
• The estate retained attorney Kenneth Cate to investigate a potential lawsuit on its behalf.
• Cate, representing the estate, filed a wrongful death action against Oldham in his official capacity as state attorney, alleging he breached his duty to prosecute Ernest Bradham.

Procedural Posture:

• Kenneth Cate, on behalf of Mary Bradham's estate, filed a wrongful death action against State Attorney Gordon Oldham in a Florida circuit court.
• The trial court granted summary judgment in favor of Oldham.
• The Fifth District Court of Appeal affirmed the summary judgment.
• Oldham then filed a separate lawsuit in state court against Cate for malicious prosecution.
• Cate's motion to dismiss the malicious prosecution suit was denied by the trial court.
• Cate then filed an action in U.S. District Court seeking an injunction, arguing the malicious prosecution suit violated his First Amendment rights.
• The federal district court dismissed Cate's action.
• Cate, as appellant, appealed the dismissal to the U.S. Eleventh Circuit Court of Appeals.
• The Eleventh Circuit affirmed the dismissal on other grounds but certified a question of state law to the Supreme Court of Florida regarding the viability of Oldham's claim.