Florida/Georgia Personal Injury & Workers Compensation

...suspected felon warning that he is about to use force likely to cause death or great bodily harm. To prevent A law enforcement officer or other person escape from who has an arrested person in his custody F.S. custody is justified in the use of any 776.07(1) force that he reasonably believes to Give if be necessary to prevent the escape of applicable the arrested person from custody. To prevent A guard or other law enforcement officer escape from is justified in the use of any force penal that he reasonably believes to be necessary institution to prevent an escape from a penal F.S. 776.07(2) institution of a person the officer Give if reasonably believes is lawfully detained....

...assist the law enforcement officer is not justified if Give if applicable. 1. the [arrest] [execution of a legal duty] is unlawful and 2. it is known by the officer or the person assisting [him] [her] to be unlawful. To prevent escape from custody. § 776.07(1), Fla....

...A law enforcement officer or other person who has an arrested person in [his] [her] custody is justified in the use of any force that [he] [she] reasonably *649 believes to be necessary to prevent the escape of the arrested person from custody. To prevent escape from penal institution. § 776.07(2), Fla....

...to the police officer rather than the more general statute found in section 776.032. Otherwise, the court believed that the two statutes would be in conflict and that section 776.032 would render the other meaningless. However, with the exception of section 776.07(2), Florida Statutes (2011), which only applies to a correctional officer’s use of force in a case involving escape, there is no specific statute in chapter 776 that similarly supplies a justification defense for a correctional officer from criminal prosecution....

...at had not yet been enacted. Moreover, under the rationale of Ca ama-no, the Legislature certainly knows how to enact a specific statute that provides a justification defense for correctional officers, and an exemplar emanates from the provisions of section 776.07(2), which provides that “[a] correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal insti...

...[t]o prevent a person from escaping from a state correctional institution when the officer reasonably believes that person is lawfully detained in such institution!!]” § 944.35(l)(a)2., Fla. Stat. (2011). If we apply the Caamano rationale, it would appear that section 776.07(2) is a more specific statute intended to preclude application of section 776.032 in cases involving force used by correctional officers to prevent an escape. But if, under the Caama-no rationale, section 944.35(1) preempts section 776.032, there would be no reason for the Legislature to enact section 776.07(2) in the first instance. That would essentially mean that the Legislature enacted a useless statute when it wrote section 776.07(2), but that is just the sort of statutory construction the Caamano court (and many other courts) say should be avoided....

...State, 863 So.2d 1180 (Fla.2003) — and the conclusions we reach are that the Legislature did not intend that section 944.35(1) preempt section 776.032 and that the Legislature did intend that section 776.032 apply to correctional officers with the exception provided in section 776.07(2)....

...ge to "use whatever means necessary to affect the surrender" of Brinson. He further argued that, in addition to the common law privilege, the Florida Statutes authorized him to use any force which he deemed reasonable to apprehend Brinson, citing to section 776.07 of the Florida Statutes (2005) to support this claim. The statute reads, in pertinent part: 776.07....

...Use of force to prevent escape (1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody. § 776.07(1), Fla....

...o capture and surrender the principal); State v. Haskins, 160 N.C.App. 349, 585 S.E.2d 766 (2003)(explaining that a surety can use reasonable force in apprehending a fugitive). Next, as for the defendant's claim that application of the provisions of section 776.07(1) of the Florida Statutes warranted the pre-trial dismissal of the instant information, the trial court properly rejected this claim as well....

...Accordingly, we reverse the summary judgment for the appellee and remand for further proceedings not inconsistent with this opinion. REVERSED AND REMANDED. HOBSON, A.C.J., and BOARDMAN, J., concur. . We do not agree with the appellee’s argument that § 776.07, Fla.Stat....

...rm to the officer-or others;-or- 2, — the—officer—reasonably—believes that the-fleeing-felon has committed a crime involv-ing-the-infliction or the threatened infliction of serious physical harm to another per- To prevent escape from custody § 776.07(1), FlaStat Give if applicable A law enforcement officer or other person who has an arrested person in [his][her] custody is justified in the use of any force that [he][she] reasonably believes to be necessary to prevent the escape of the arrested person from custody. To prevent escape from penal institution § 776.07(2), FlaStat....

...s making a common-law “citizen’s arrest,” rendering the highlighted text above inapplicable. The trial court accepted that there was such a thing and considered only whether the petitioner acted reasonably in shooting to prevent an escape. See § 776.07(1), Fla. Stat....

...It must be, then, that a private person similarly can use deadly force to prevent an escape only if he is holding someone in custody at the direction of law enforcement, not to prevent someone from escaping from the private person’s own unlawful detention. See § 776.07(1), Fla....