J. David  Marsey

J. David Marsey

Partner
Tallahassee Office

850.841.8365 phone 850.222.8783 fax dmarsey@rumberger.com

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David Marsey represents clients in constitutional, employment law and casualty litigation. In his law enforcement and corrections liability practice, he defends state and local government agencies and officers against allegations of civil rights and tort violations including general negligence, negligent hiring or retention, vehicle liability and pursuits, false arrest, improper use of force, in-custody and other wrongful deaths and is experienced in the litigation of qualified and sovereign immunities. David also serves as a Government Affairs Consultant to the Florida Police Chief's Association. With over a decade as a sworn officer, investigator and law enforcement instructor, David incorporates his training and experience in the areas of death, injury, property and traffic accident investigations in the defense of his clients. As an experienced former state prosecutor with extensive trial experience, he has successfully tried felony crimes up to and including homicide, as well as law enforcement liability cases involving the use of the baton, Taser and the discharge of firearms resulting in death.

With his background in constitutional law, David also represents school districts against alleged violations of the Free Exercise and Establishment Clauses of the First Amendment. He has successfully guided Districts in the development of policies and procedures that comply with constitutional requirements and in the resolution of litigation regarding First Amendment violations.

David also represents public and private employers against claims of employment discrimination such as race, color, religion, gender, national origin, age, sex, marital status, disability and retaliation. He provides legal assistance to employers through consultation on personnel and management issues as well as the development and implementation of policies and procedures. David incorporates his significant investigative experience by conducting internal investigations including the preparation of responses to employment discrimination charges filed with the Florida Commission on Human Relations and the Equal Employment Opportunity Commission. His jury trial experience includes the successful defense of discrimination and retaliation claims.

David’s casualty practice includes defending public and private clients against claims involving premises liability, general negligence, vehicle liability and other tort claims. While serving as a prosecutor, he obtained significant experience litigating traffic accidents involving impaired drivers causing death and serious bodily injury. He continues to utilize his law enforcement and prosecutorial skills in the defense of clients accused of vehicular negligence.

Education

  • Florida State University, J.D., with high honors, 2004
  • Florida State University, B.S., Criminology, 1994

Honors

  • Named as 2012 Outstanding Prosecutor for the State of Florida by Mothers Against Drunk Driving
  • Florida Super Lawyers Rising Star 2010, 2014

Articles & Presentations

  • Author, "Is Your Office Private? The Eleventh Circuit Raises Questions about the Privacy of Meetings between Public Officials and Citizens," The Florida Police Chief, Fall 2017
  • Author, "Stand Your Ground: A Dramatic Shift in the Burden of Proof," Preferred Government Insurance Trust News, Fall 2017
  • Author, "Mental Health, Baker Act and Firearms: What's an Agency to do?" Florida Police Chief's Association, Green Alert, January 2017
  • Author, "Unanswered Questions: The Impact of Medical Marijuana on Law Enforcement Employees," Florida Police Chief's Association, Green Alert, December 2016
  • Author, "Back in Time: Existing Ammunition to Combat Public Records Requests Intended to Generate Litigation," Florida Police Chief's Association, Green Alert, December 2016
  • Author, "Make it Stick: How to Conduct a Comprehensive and Defensible Internal Affairs Investigation," Florida Police Chief's Association, Winter Park, Florida, November 10, 2016
  • Author, "Make it Stick: How to Conduct a Comprehensive and Defensible Internal Affairs Investigation," Florida Police Chief's Association, Jupiter, Florida, November 9, 2016
  • Author, "United States Supreme Court Upholds the Constitutionality of Criminal Breath Test Refusal Statutes," Preferred Government Insurance Trust News, Fall 2016
  • Author, "United States Supreme Court Upholds the Constitutionality of Criminal Breath Test Refusal Statutes," Florida Police Chiefs Association, Florida Chief's Connection, June 28, 2016
  • Author, “Tips for Handling Public Records Requests,” Florida Police Chief’s Association Red Alert, April 28, 2016
  • Author, “Fourth Circuit Court of Appeals Holds that the Use of a Taser Against an Emotionally Disturbed, Passively Resisting Subject is Unconstitutional,” Preferred Government Insurance Trust News, Spring 2016.
  • Author, “United States Supreme Court Holds that Qualified Immunity Bars Fourth Amendment Claim in Deadly Police Pursuit Case,” Florida Police Chiefs Association, Florida Chiefs Connection, January 26, 2016
  • Author, “Fourth Circuit Court of Appeals Holds that the Use of a Taser Against an Emotionally Disturbed, Passively Resisting Subject is Unconstitutional,” Florida Police Chiefs Association, Florida Chiefs Connection, January 19, 2016
  • Author, “May the Operator of an Unregistered Drone be Arrested for a Felony Violation of Florida Law?,” Florida Police Chiefs Association, Florida Chiefs Connection, January 19, 2016 (Co-authored with Leonard J. Dietzen)
  • "21st Century Challenges to the Management of Police Liability Claims," Florida Preferred Governmental Insurance Trust, January 19, 2016
  • "A Strange New World: Managing Risk in the Post Ferguson Era," Florida Police Chief’s Association, Winter Conference, January 11, 2016
  • "Mandatory Drug Testing for Public Employees and Applicants: Navigating the Constitutional Minefield, Florida Police Chiefs Association", Florida Chiefs Connection, July 21, 2015
  • "Fourth District Court of Appeal Recognizes the Protection of Incident and Safety Reports Under the Work Product Doctrine", Preferred Government Insurance Trust News, Summer 2015
  • "First DCA Reinforces Plaintiff's Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances", Preferred Government Insurance Trust News, Winter 2014
  • "Supreme Court Resolves Conflict Regarding the Testing of Individually Packaged Controlled Substances in Drug Trafficking Cases," Florida Police Chief, Winter 2013-2014, Volume 38, Number 1
  • "Yearly Checkup: Preventative Maintenance for Human Resource Professionals," HR Advisor Legal and Practical Guidance, Volume 16, Number 3, May/June 2010
  • "Supreme Court Expands Anti-Retaliation Protections for Workers Participating in Internal Investigations," The Florida Bar, The Checkoff, Vol. XLVIII, No. 3, April 2009 (co-authored with Robert J. Sniffen)
  • "Court Expands Anti-Retaliation Protections for Workers," Tallahassee Democrat, Business Matters, March 17, 2009
  • Author, “Florida Supreme Court Denies School District Immunity Under the Cardiac Arrest Survival Act for Failure to Use or Attempt to Use an Available Automatic Defibrillator"