In a ruling that underscores the protections of public officials, a Florida judge has dismissed with reservations a defamation lawsuit against Brevard County Sheriff Wayne Ivey. The suit, filed by David Austin Gay and his attorney Jessica Travis, alleged that Ivey was falsely portrayed as a fugitive on his social media show “Wheel of Fugitive,” causing him personal and professional harm.
The BCSO issued a statement via email: “From the beginning, the Sheriff was extremely confident about the actual facts of this case, not just those presented by the plaintiff. As always, we have great respect for the court’s informed judgment and application of applicable law to the facts of this case.”
Case background and judgment
Gay’s lawsuit, filed in January 2023, claimed he was falsely portrayed on Ivey’s popular show “Wheel of Fugitive” despite not being a fugitive, causing significant harm to his reputation and mental health. He claimed the show’s inaccuracies caused him to lose his job and suffer emotional distress. A 2021 investigation found that Gay was one of 60 people falsely labeled as fugitives on the show, raising broader concerns about the ethical implications of such public exposure.
The case took a significant turn when Gay’s attorneys attempted to move the trial out of Brevard County, raising concerns about Ivey’s potential influence over local judges and juries due to his extensive political connections. Two judges who had previously received campaign support from Ivey recused themselves from the case, further increasing concerns about his impartiality. A total of 4 judges in Brevard County recused themselves from the case, and the case was transferred to a judge in Okeechobee, FL.
Sheriff Ivey publicly defended his social media presence as an effective tool for arresting criminals with the help of the public and his large following on these platforms.
You can watch the hearing below.
On August 21, 2024, the Circuit Court of the Eighteenth Judicial Circuit, presided over by Judge Laurie E. Buchanan, dismissed the case with prejudice. The court’s decision was based on the doctrine of absolute immunity, which protects public officials from defamation suits for statements made in the course of their official duties, even when those statements are alleged to be false or malicious. The court cited the precedent in Testa v. Jupiter Island Compound, 358 So. 3d 780 (Fla. 4th DCA 2023)and found that even if all of the allegations in Gay’s complaint were true, Ivey would still be protected by that legal doctrine.
Attorney Jessica Travis responded to the ruling by saying, “Police immunity laws are too broad. Florida allows a sheriff to knowingly lie and get away with it. In a world where powerful officials are trying to keep TikTok relevant, the law should protect citizens, not police.”
Mr. Gay is considering an appeal. Abuse of immunity is an issue that should be addressed by the Florida Supreme Court. However, appeals cost time and money and are often something a person must live with for years. These hurdles could prevent Mr. Gay from obtaining justice.”
We have reached out to the Brevard County Sheriff’s Office for comment.
Impact on the public
The dismissal of this case has significant implications for citizens concerned about defamation by public officials. The doctrine of absolute immunity means that as long as public officials make their statements in the course of their duties, they are protected from defamation suits, regardless of the intent or accuracy of the statements. This ruling reinforces legal precedent that gives public officials wide latitude in their communications, even when those communications have serious personal consequences for the individuals involved.
For citizens, this decision highlights the difficulty of taking legal action against public officials for statements made in their official capacity. It also raises questions about the balance between the right of individuals to protect their reputation and the protection of public officials under the law.
Diploma
The court’s decision to dismiss the defamation suit with reservations means that David Austin Gay cannot refile his suit, effectively ending his legal battle against Sheriff Ivey unless he decides to appeal. As the case nears its conclusion, it reminds us that public officials have strong legal protections even when their actions could harm private citizens.
Editor’s note: Attorney Jessica Travis, mentioned in this article, is the authorized representative of The Space Coast Rocket publisher Robert Burns.
