Judge dismisses negligence claims against apartment complex in Roger Fortson shooting case

In Brief:

⚖️ Judge rules apartment complex and leasing agent were immune from liability under Florida’s qualified privilege law.
📞 Leasing agent relayed another tenant’s disturbance report without adding details or claiming firsthand knowledge.
🚔 Civil rights claims against Okaloosa County’s sheriff and former deputy charged with manslaughter remain active.

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FORT WALTON BEACH — A federal judge has dismissed negligence claims against the apartment complex where U.S. Airman Roger Fortson was fatally shot, ruling that the facility and an employee were protected under Florida’s qualified privilege for reporting suspected criminal activity to law enforcement.

U.S. District Judge T. Kent Wetherell II granted Chez Elan FL Property LLC’s motion to dismiss on Monday, removing two of five counts from the civil rights lawsuit filed by Fortson’s family in May.

The case continues against Okaloosa County Sheriff Eric Aden and former Deputy Eddie Duran, who is charged with manslaughter in the May 3, 2024, shooting at Fortson’s apartment.

According to court records, a leasing agent identified as “Jane Doe” called the sheriff’s office non-emergency line after another tenant reported a domestic disturbance that “sounds like it’s getting a little handsy.” The judge found the agent “did not embellish the report or suggest that she had first-hand knowledge” and simply relayed the information she received.

Wetherell cites Florida Statutes 16.557, which protects individuals who report suspected criminal activity to law enforcement or Crime Stoppers, provides immunity from civil liability unless the report is made with gross negligence or intentional misconduct.

Wetherell added that the claims against the complex were “borderline frivolous” because the employee acted exactly as “any concerned citizen should do” and warned that allowing the lawsuit to proceed would undermine public safety.

“If ‘see something, say something’ becomes ‘see something, say something, get sued,’ concerned citizens will be discouraged from reporting potential criminal activity,” Wetherell wrote.

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The court also ruled that the conduct described in the complaint did not meet the “gross and flagrant” standard needed to overcome the privilege, which requires behavior evincing reckless disregard for human life.

The dismissal was issued with prejudice, preventing the family from refiling those specific claims. However, the family could appeal the ruling to the 11th Circuit Court of Appeals.

Remaining allegations against Aden and Duran include excessive force, municipal liability under federal civil rights law, and wrongful death under Florida law.

Duran, who was fired after an internal investigation found his use of deadly force was not objectively reasonable, faces up to 30 years in prison if convicted.