Susan Khoury filed a lawsuit against the Miami Dade County School Board and Officer Williams, a school board police officer, for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. §1983. Williams had detained and committed her for an involuntary mental health examination under Florida’s Baker Act statute, Fla. Stat. §394.463 after Williams characterized her as being a danger to herself or others. Khoury also made a Monell claim against the school board. The district court granted summary judgment to as to all claims against the officer and the school board. In this opinion, the court of appeals reversed the district court’s dismissal against the police officer but upheld the dismissal as to the school board.
Her claims arose from an incident that began when Khoury, who lived across the street from a middle school baseball field in Miami Dade County, was using her phone to record cars she believed were illegally parked around the baseball field. Khoury had an argument with one of the drivers, who then called the police. Officer Williams arrived, and after advising the driver that Khoury had a First Amendment right to film, Khoury and Williams had an argument which led to Williams arresting and detainer Khoury pursuant to the Baker Act.