J. David Marsey

David Marsey represents clients in constitutional, employment, casualty litigation and appeals. He defends state and local government agencies and law enforcement 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. David also handles the litigation of qualified and sovereign immunities.

Having previously served 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 for his clients. Prior to private practice, he served as a state prosecutor with extensive trial experience, and 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. He serves as a General Counsel to the Florida Police Chiefs Association.

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 defends 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.

He also represents 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.

Awards & Honors

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

Articles & Presentations

•Presenter, 'The Prevention, Investigation, Reporting, and Handling of Child Sexual Abuse Claims,' Florida School Boards Insurance Trust, Summer Conference, July 9, 2025
•Presenter, 'Florida Immigration Law and Ethics Reporting Requirement Update,' Florida Police Chiefs Association, Summer Conference, June 17, 2025
•Co-presenter, 'New Changes to Florida Rules of Civil Procedure,' Preferred Government Insurance Trust, Webinar, March 17, 2025
•Author, 'Sixth District Court of Appeal Limits Officer’s Authority to Investigate DUI Offenses, Florida Police Chiefs Association,' Red Alert, June 20, 2024
•Speaker, 'Best Practices for the Investigation and Documentation of Incidents, Accidents, and Injuries,' Suwannee County School Board, June 2024
•Author, 'Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety,' May 2024
•Author, 'Florida Develops Comprehensive Plan to Address Camping and Sleeping on Public Property,' Florida Police Chiefs Association, Red Alert, April 15, 2024
•Speaker, 'Best Practices: Comprehensive and Defensible Internal Investigations,' Florida Police Chief’s Association, March 6, 2024
•Speaker, 'Best Practices for the Investigation and Documentation of Accidents and Injuries, Panhandle Area Educational Consortium,' February 15, 2024
•Author, 'Florida Supreme Court Provides Dispositive Guidance on Marsy’s Law: The Identities of Crime Victims Are Not Protected From Disclosure,' Florida Police Chief’s Association, Red Alert, December 19, 2023
•Author, 'United States Supreme Court Establishes Subjective Intent Requirement for Prosecution of Threat Related Offenses,' Florida Police Chief’s Association, Red Alert, July 11, 2023
•Author, “First DCA Permits Law Enforcement Agencies to Prohibit Sworn Officers from Using Medical Marijuana,” June 2023
•Presenter, Best Practices: Internal Affairs and Internal Investigations Operations and Documentation,” Florida Police Chief’s Association, Coconut Creek, Florida, June 13, 2023
•Presenter, “Best Practices: Comprehensive and Defensible Internal Investigations, Florida Police Chiefs Association,” The Villages, Florida, April 17, 2023
•Presenter, “Best Practices for Conducting and Documenting Internal Affairs Investigations,” Lee County Port Authority Police Department, January 4, 2023
•Presenter, “Best Practices for the Investigation and Documentation of Accidents and Injuries,” Bradford County School Board, Starke, Florida, December 8, 2022
•Author, 'Eleventh Circuit Clarifies the Standard for the Abrogation of Government Officials’ Entitlement to Sovereign Immunity,' August 2022
•Presenter, 'Best Practices for the Investigation and Documentation of Accidents and Injuries,' Florida School Board Insurance Trust (FSBIT) Summer Risk Manager's Meeting, July 2022
•Author, 'A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment,' June 2022
•Author, 'Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within the Limitations Period,' May 2022
•Author, 'United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity,' October 2021
•Author, 'Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms,' May 2021
•Author, 'Violations of Local Criminal Ordinances Subject Offenders to Custodial Arrest,' Florida Police Chiefs Association, Red Alert, May 10, 2021
•Author, 'It’s No Joke: First DCA Upholds Statutory Fines Against Individual Officials for Violations of Florida Firearms Preemption,' April 2021
•Author, 'On-Duty Law Enforcement Officers are Entitled to Invoke Marsy’s Law Victim Confidentiality,' April 2021
•Author, 'A Seizure by Any Other Name: US Supreme Court Affirms Centuries Old Rule Regarding the Use of Force and the Seizure of Criminal Suspects,' March 2021
•Author, 'Risk Mitigation and Making it Stick: Comprehensive and Defensible IA Investigations,' Florida Police Chiefs Association, Winter Park, Florida, March 31, 2021
•Author, 'Qualified Immunity: The Commonly Misunderstood Defense and Opponents’ Efforts to Expose Law Enforcement Officers to Financial Ruin,' March 2021
•Presenter, 'Risk Mitigation and Making it Stick: Comprehensive and Defensible IA Investigations,' Fort Walton Beach Police Department, February 12, 2021
•Presenter, 'Outgunned: Arming Law Enforcement for the Litigation Battle,' Fort Walton Beach Police Department, February 12, 2021
•Presenter, 'FPCA Report and Recommendation: Use of Force Policy and Related Issues,' Florida Police Chief’s Association, 2021 Winter Conference, January 13, 2021
•Author, 'Legislative Update: Changes to the Officer’s Bill of Rights and Creation of Peer Support Confidentiality for First Responders,' Florida Police Chief’s Association, Red Alert, July 8, 2020
•Author, 'BOLO: A Pending Interpretation of Marsy’s Law - Can an On-Duty Officer Invoke Marsy’s Law Victim Confidentiality,' Florida Police Chief, Green Alert, May 27, 2020
•Author, 'Supreme Court Affirms Use of Random Tag Checks to Support Investigatory Traffic Stops,' Florida Police Chief’s Association, Green Alert, April 7, 2020
•Author, 'Florida Governor’s Executive Order 20-91: Florida is Closed, Violators are Subject to Custodial Arrest,' April 2020
•Presenter, 'Avoiding Pitfalls: Ethics Training for Law Enforcement Executives,' Florida Police Chief’s Association, Combined Future and New Police Chief’s Seminar, April 8, 2019
•Presenter, 'Labor Issues Facing the Chief of Police,' Florida Police Chief’s Association, New Police Chief’s Seminar, April; 8, 2019
•Author, 'Florida Supreme Court Resolves Conflict, Extends ‘Stand Your Ground’ Immunity to LEOs,' PoliceOne, January 19, 2019
•Author, 'The People Have Spoken: Marsy’s Law and its Impact on Law Enforcement Agencies,' Florida Police Chief’s Association, Green Alert, December 28, 2018
•Author, 'That Settles It: The Florida Supreme Court Resolves Conflict and Extends Stand Your Ground Immunity Protections to Law Enforcement Officers,' Florida Police Chief’s Association, Green Alert, December 14, 2018
•Author, 'Emerging Technology and Privacy Protections: Supreme Court Requires a Search Warrant for Cellular Telephone Historical Geographic Tracking Data,' Preferred News, Fall 2018
•Speaker, 'Attorney Fee Exposure and Recovery,' CLE Course ID# 105547, Preferred Government Insurance Trust and Preferred Government Claims Services, September 19, 2018
•Author, 'Back to the Basics: Cost Effective Strategies for the Reduction of Law Enforcement Liability,' The Florida Police Chief, April 18, 2018
•“The Marjory Stoneman Douglas High School Public Safety Act: Fundamental Changes to Florida’s Gun Laws,” The Florida Police Chief Magazine, March 12, 2018
•Speaker, 'Cost Effective Risk Management Strategies to Avoid Police Liability Claims,” Third Judicial Circuit Chief’s and Sheriff’s Association, February 2018
•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 - 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'

David's News and Insights

07.09.2025
Events

Creating Safer Schools: David Marsey Presents on Abuse Prevention and Risk Mitigation

RumbergerKirk partner David Marsey spoke at the Florida School Board...

06.20.2024
Government and Administrative

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

On June 14, 2024, the Sixth DCA limited an officer’s...

Photo: Shutterstock.com/Gorodenkoff

05.30.2024
Government and Administrative

Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety

The Florida Supreme Court recently affirmed what, until recently, had...

Photo: Shutterstock.com/Gorodenkoff

04.19.2024
Government and Administrative

Florida Develops Comprehensive Plan to Address Camping and Sleeping on Public Property

In an effort to address homelessness, effective October 1, 2024,...

Photo: Shutterstock.com/Felix Mizioznikov

12.20.2023
Government and Administrative

Florida Supreme Court Provides Dispositive Guidance on Marsy’s Law: The Identities of Crime Victims Are Not Protected From Disclosure

Marsy’s Law was approved by Florida voters in the 2018...

Photo: Shutterstock.com/EVA CARRE

06.26.2023
Employment and Labor

First DCA Permits Law Enforcement Agencies to Prohibit Sworn Officers from Using Medical Marijuana

The First District Court of Appeal has upheld the termination...

Photo: Shutterstock/FeyginFoto

08.10.2022
Government and Administrative

Eleventh Circuit Clarifies the Standard for the Abrogation of Government Officials’ Entitlement to Sovereign Immunity

The Eleventh Circuit Court of Appeals has recently clarified the...

Photo: Shutterstock/FeyginFoto

07.12.2022
Events

Best Practices for the Investigation and Documentation of Accidents and Injuries

Partner David Marsey provided best practices for investigating and documenting...

06.24.2022
Government and Administrative

A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment

The United States Supreme Court has recently held that a...

Photo: Shutterstock.com/Collins Media KS

05.19.2022
Government and Administrative

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within the Limitations Period

Sovereign immunity stands for the long-standing premise that the government...

Photo: Shutterstock/gguy