Whether a university defendant can claim they are a public official to avoid liability for bank fraud, gross negligence, or tort liability

QUESTIONS PRESENTED IntraDistrict courts all across the State have confused absolute immunity to State Universities themselves, versus the personal liability of (actual) public officials, allowing for State Universities to merely claim Absolute immunity as “magic words” to escape any gross negligence, tort liability pursuant to Article X section 13 of the Florida Constitution, 28 U.S.C §4101; and 18 U.S. Code § 1344 1. In contrast to the 1st DCA but in comparison to the 4» DCA and other district courts, Can a University defendant themself claim they are a Public Official as “magic words” to avoid bank fraud, gross negligence or any tort liability pursuant to Article X section 13 of the Florida Constitution, 28 U.S.C §4101, and 18 U.S. Code § 1344? In its affirmation, The Florida Fourth district court of appeal affirmed the Circuit Court’s ruling solely on the basis of Absolute Immunity; however, did not address the other salient issue as to whether the Petitioner was allowed to plead in the alternative for a Negligence cause of action to moot any “Absolute Immunity” issue. ; | 2. Whether the Fourth District Court of Appeals erred in holding in accord | with the Third Appellate, but in contrast to the Second and Two other Appellate Courts, that under Cochran v. Craig, Florida Rule of Civil 7 Procedure 1.110(g); and Federal Rule of Civil Procedures 8(a)(3); 8(d)(2) & 8(d)(3) the Petitioner was entitled to plead in the Alternative? i .