ORAL ARGUMENT IN FLORIDA SUPREME COURT
Miami Police Lt. D’Agastino challenged the authority of a “Civilian Investigative Panel” set up under a city ordinance to investigate allegations of police misconduct. He argued the ordinance was preempted by a state law spelling out the rights of law enforcement officers. The trial court ruled for the city of Miami and the CIP. On appeal, the Third District Court of Appeal upheld the trial court. Lt. D’Agastino argues the decision by the 3rd District Court of Appeal is in conflict with a decision by the Fifth District Court of Appeal in a similar but unrelated case.
Robert Buschel argues on behalf of Lt. D'Agastino and the Fraternal Order of Police, Lodge #20.
Victory in the Supreme Court of Florida
Unanimous decision holding that the Civlian Investigative Panel has no subpoena power over police officers.
February 7, 2017
Freddy D'Agastino, et al., v. The City of Miami, et al.
Case Number:
SC16-645
SC16-645