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Sierra v. Associated Marine Institutes6/18/2003
The week after Michael Sierra began working as a counselor at a residential juvenile detention camp, two of the camp's residents murdered him. His widow, Marysol Sierra, filed a wrongful death suit against the Department of Juvenile Justice and against her husband's employers, who operated the camp under contract with the Department. On motions by the three defendants, the circuit court dismissed Mrs. Sierra's action with prejudice. The court ruled that the employers were entitled to workers' compensation immunity and, further, that all defendants were shielded from liability by sovereign immunity. We conclude that Mrs. Sierra alleged facts sufficient to except her suit from the employers' workers' compensation immunity. Also, the second amended complaint did not demonstrate that sovereign immunity shielded the defendants from liability for the acts alleged. Accordingly, we reverse the dismissal of Mrs. Sierra's suit and remand for further proceedings.
FACTS
For these purposes we must treat the material factual allegations of Mrs. Sierra's pleadings as true. See Curtis v. Henderson, 777 So. 2d 1017 (Fla. 2d DCA 2000). They reflect that Big Cypress Wilderness Institute was a "level 8" high-risk residential juvenile detention facility commonly known as a "boot camp," housing felons aged fourteen to eighteen. It was located on federal land in the Big Cypress National Preserve by virtue of an agreement between the National Park Service and the Florida Department of Juvenile Justice. The boot camp was operated by Big Cypress Wilderness Institute, Inc., pursuant to a contract between DJJ and BCWI's parent, Associated Marine Institutes, Inc.
That contract acknowledged that a high-risk residential placement required "close supervision in a standard residential setting that provides 24-hour secure custody, care, and supervision." Juveniles with a history of "serious felony offenses" were placed in such facilities out of "concern for public safety that outweighs placement in lower risk programs."
Commensurate with this risk level, AMI's contract and an amalgam of DJJ rules and procedural manuals imposed stringent security requirements. Thus, for example, high risk facilities such as Big Cypress were to have twelve-foot fences topped by razor wire. Staff members were required to undergo a rigorous orientation that included training in verbal and physical use of force, familiarization with policies and procedures, and "job shadowing" of experienced staffers. Until this training was completed, a new staff member was not to have direct contact with youths except under the direct supervision of a certified drill instructor or camp commander.
The DJJ Residential Commitment Service Manual, applicable to Big Cypress pursuant to the DJJ/AMI contract, called for continual assessment of each youth in the program to monitor his level of risk. The program was to devise and maintain an "alert system," whereby all members of the staff would be apprised of specific developments affecting an individual youth's level of risk. These included, for example, such things as an escape attempt or an assault or threat against another resident within the previous 30 days. The manual warned that youths assessed as risks should not be allowed off-campus or to participate in work projects in which they had access to work tools that could be used as weapons or means of escape. Moreover, all off-site work projects were to be supervised by at least two trained staff members.
The two youths who murdered Michael Sierra had been assessed as risks for escape. Jermaine Jones had a record of offenses including aggravated assault, cocaine possession, battery, resisting arrest, and a prio
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