Legal Question in Civil Litigation in Florida

Re: can a state agency such as the fl. highway patrol be sued?

You will not be able to get the justice you demand in obtaining a criminal conviction because of the rule against double jeapardy. You should write to your local State's Attorney to ask for an investigation of the negligent or possibly the intentional loss of critical evidence and copy the head of the Fla Highway Patrol on the mishandling of evidence.

From a civil standpoint there is an action available for "spoliation of evidence" if your civil case against him has been lost because of the loss of evidence. This is fact specific and cannot be answered here easily. I assume you might still be able to prove your case in civil court as I don't know exactly what evidence was lost. Does the party have insurance? Do you have uninsured motorists coverage? Will you still be able to prove your case without the missing evidence? These are complex issues requiring thorough analysis.

Re: can a state agency such as the fl. highway patrol be sued?

I am sorry to hear about your wife, at least she is still with you though.

Unfortumately I do not feel you have a case against the FHP. In addition to them having immunity I can't think of a remedy to the DA's office screwing up a conviction.

However you do have a civil case against the drunk driver that you should talk to a lawyer about.