Tampa Bay Personal Injury Lawyer - Police Misconduct

Deputy in Trouble for Dumping Man Out of Wheelchair

Jenny Albano — Wed, 13 Feb 2008 01:56:01 GMT

A Hillsborough County Deputy was caught on tape dumping a quadriplegic man out of his wheelchair when he was being booked into jail. There were three other supervisors in plain view of the incident, but they did nothing.

Investigators say Deputy Charlotte Marshall Jones is suspended without pay after the January 29 incident, which involved 32-year-old Brian Sterner, who is a quadriplegic. Video shows Deputy Jones dumping Sterner out of his wheelchair and onto the floor while she is booking him into the Hillsborough County Jail. The tape also shows the deputy then searching Sterner as he lay on the floor.

Sterner's arrest was from charges of him fleeing and eluding police enforcement after an incident on October 25, 2007. Also, he was blocking an intersection. Sterner is in permanent need of his wheelchair after a wrestling accident that occurred when he was 18.

The supervisors who were present at the time of the incident have been suspended with pay as well. These supervisors include Corporal Decondra Williams, Corporal Steven Dickie, and Sergeant Gary Hinson. None of these supervisors filed a report or told anyone of the incident.

There will be an investigation of the incident that occurred. The department plans on doing anything it can to make the situation right.

"Certainly all the personnel are entitled to due process under the law, but I can tell you that based on what I saw, anything short of dismissal would be inappropriate," said Chief Deputy Jose Docobo.

Docobo explained that though Sterner was in a wheelchair, deputies are used to dealing with this type of situation. He said there are currently more than 30 wheelchair patients in the county's jails, and this is nothing new for deputies.

Originally posted at InjuryBoard by Jenny Albano

Bradenton Police Misconduct Case to be Turned Over to Outside Agency

Chrissie Cole — Thu, 16 Aug 2007 01:23:27 GMT

Bradenton police officials are seeking an outside agency to investigate a police misconduct scandal in which on-duty officers allegedly had sex with a prostitute.

Bradenton City Council members have criticized the handling of the investigation and want to turn over further investigating to an independent agency such as FDLE.

An admitted drug user and prostitute recently told Bradenton internal affairs officials that over the past two years she has had sex many times with two on-duty officers who gave her money for drugs and promised she would be protected from arrest.

She claims the sex acts took place in unmarked police vehicles and alleyways.

The police chief remains opposed to an outside investigation saying his division can handle the investigation adequately. He said the department would turnover their findings to prosecutors to decide if criminal charges should be brought against the officers.

In the past few weeks, three officers have resigned for personal reasons. Their resignations followed the accusation of misconduct.

For more information on this topic, visit refer to our section on Police Misconduct.

Originally posted at InjuryBoard by Chrissie Cole

Ex-Deputy Banned from Police Work

Chrissie Cole — Wed, 20 Jun 2007 15:28:34 GMT

A former Lee County Sheriff deputy was given two years probation and banned from being a law enforcement now or in the future, after stealing money from a group of men he stopped last fall.

The deputy was charged with two counts of grand theft and one count of official police misconduct last October when he pulled over a car of men and stole their money. The men reported it, and the deputy was arrested later that day.

On October 9, he faced additional charges when another group came forward claiming he had also stolen their money.

"This was a day he dishonored law enforcement in general and the public in general," Hale's attorney, Wilbur Smith, told Circuit Judge Mark Steinbeck on Thursday. "He was under a lot of stress and pressure and what he did he is very ashamed of."

Smith asked Steinbeck to withhold adjudication, which means his criminal record won't reflect he is a convicted felon. Prosecutors didn't voice an opinion on the matter, leaving it up to the judge. Steinbeck agreed, but according to a plea agreement, Hale will be on probation for two years and will be fined $500, which will go to Southwest Florida Crime Stoppers. He will have to pay court costs as well.

Felony Division Chief's biggest concern was making sure the ex-deputy won't ever be a law enforcement officer again. She called the Florida Department of Law Enforcement to confirm his certification would be cancelled and that the charges would permanently be on any background check.

Originally posted at InjuryBoard by Chrissie Cole

Deputy Accused of "Abuse of Power"

Christina Cole — Sat, 28 Apr 2007 18:00:27 GMT

A woman is claiming police misconduct against the Pinellas Sheriff''s Department stating an incident leading to her arrest was "abuse of power."

The woman says it all began while she walking her dog and didn't know a neighbor took pictures of her. She says she asked why he took pictures of her and that is when he grabbed her.

"At that time I felt my blouse being pulled down, and he said, 'B****, you called.'"

He claims it was her who attacked him, and he had his wife call 9-1-1. On the call, she can be heard screaming "Help me, please help me!"

He screams back, "You f****** b****! Wait until the police show up!"

During the 911 call, you can hear him calling his brother, a Pinellas's deputy, from his cell phone.

Records provided by the Pinellas Sheriff's office show that the Deputy contacted the arresting officer before he arrived on the scene. And then on the 9-1-1 tape, you can hear him talking to his brother the deputy, who apparently tells him everything is taken care of.

When an officer arrives, documents show the arresting officer sent a text to the Deputy, saying he had charged the woman for burglary and battery. The Deputy's response was: "OUTSTANDING!!!!!!!"

The woman's attorney refers to the case as "One of the most egregious cases of police misconduct I've ever seen... and I've seen a lot."

Originally posted at InjuryBoard by Christina Cole

Officer Accused of Solicitating Young Girl Online

Christina Cole — Fri, 20 Apr 2007 17:28:52 GMT

A 10-year veteran with the Ocala Police Department has been arrested for police misconduct and charged with attempting to solicit a 14-year-old girl over the internet.

The officer, 32, was arrested at his home by the Florida Department of Law Enforcement officials after an undercover operation by his own department and the North Florida Internet Crimes against Children Task Force.

The officer is suspended without pay. Further action will follow after resolution of the case. The officer is currently out of jail on $4,000 bail.

The arrest report states that on Dec. 14, a 14-year-old girl received an instant online message from "Jeff4U2Have," saying he was a 24-year-old University of Florida student looking for a "new girl to support." When she replied that she was only 14, the message sender replied it was "alright, as long as she didn't tell anyone."
After the chat, the girl searched for "Jeff4U2Have" on MySpace.com and noticed the photo of a much older man. The girl then e-mailed FDLE's sexual predator unit.
From a subpoena, FDLE agents began monitoring several screen names. Then, on Jan. 29, using the fictitious name "Cindy Smith," age 14, an FDLE agent sent "ThickJeff69" an instant message asking: "Hey, you in Ocala?" There was no reply.
Investigators issued another subpoena to find out more information about the screen name. They came up with the name "Jeff Williams," who is believed to be Edmonds, the report said.
On Feb. 9, "Cindy Smith" sent "Jeff Williams" an instant message saying she was 14, and that she was moving to Ocala with her mother. "Jeff Williams" asked "Cindy Smith" a bunch of questions like, "U like older guys?" and "Older guys are cool. Money. Jobs.Car.etc."
Officials said from Feb. 9 to April 16, "Jeff Williams" and "Cindy Smith" communicated at least nine times. Much of the conversations were reportedly sexual in nature.
Thursday, an FDLE agent talked with Edmonds in the Kmart shopping plaza parking lot on East Silver Springs Boulevard, not far from his home.
Edmonds reportedly admitted to "inappropriate sexual dialogue" and that "he used poor judgment." Officials secured a search warrant for his home, and then arrested him.

The only marks on the officer's personnel file are minor in nature - one for getting his time sheet approved and the other for a car accident involving a police vehicle. He has five commendations, including assisting a resident and his work during robbery and burglary investigations.

Originally posted at InjuryBoard by Christina Cole

Rape Victim Jailed - Who Forgot To Take His Brain To Work?

Bob Carroll — Tue, 30 Jan 2007 06:33:40 GMT

Before calling the police in Tampa to report a rape it might be wise to run a background check on yourself.

Tampa Police are considering a policy change after a rape victim was thrown in jail

The Tampa Police Department is looking at whether it needs to change policy. The examination comes after a 21 year old woman spent nearly two days in jail after telling police that she was raped during Saturday's Gasparilla parade.
The woman called police for help but police ran a background check on the 21 year old USF pre-med student and found an outstanding warrant from Sarasota county. Police say the victim owed over $4,000 dollars in restitution for a grand theft case that dates back to 2003.
The victim's attorney says the restitution was taken care of long ago and that under no circumstance should a rape victim be jailed after suffering something so traumatic.
From TampaBays10.com

Why any thinking police officer would place this rape victim in a jail without consulting with a prosecutor or superior in the police department is beyond me. Failure to make restitution is not even on the same planet as being raped. It should not take a policy change to avoid this mind-boggling absurdity. Are we to assume that if this young student had reported the murder of her child she would have still been photographed, fingerprinted, strip searched and jailed?

Originally posted at InjuryBoard by Bob Carroll

Suicidal Man Killed By Police In Florida

Bob Carroll — Fri, 13 Oct 2006 05:54:05 GMT

Law enforcement officers thought they saw a handgun. Thirty shots later they discovered the man was holding a cellphone.

Widow sues over death of husband

The widow of a suicidal West Palm Beach man who was killed in a fusillade of police gunfire last year has filed a $10 million federal lawsuit charging Palm Beach County Sheriff Ric Bradshaw and four officers with violating the slain man's civil rights.
John Garczynski, 37, was killed in March 2005 after being hit with 10 of about 30 rounds fired by three sheriff's deputies and a Boca Raton officer as he sat in his parked car outside a Boca Raton apartment building.
Garczynski, an energy trader for Florida Power & Light Co., had threatened suicide earlier in the evening and was talking to his estranged wife, Leigh, on a cell phone when he was shot and killed.
Barry Krischer, Palm Beach County state attorney, ruled the death a justifiable homicide, calling Garczynski's death "yet another suicide by cop." The officers said they feared for their lives after they broke out Garczynski's car windows and saw him turn toward them.
At the time, at least one officer claimed he saw Garczynski with a gun in his hand.
Krischer remarked in his finding that law officers needed more training in handling suicidal subjects, saying that in the Garczynski case, "responding in force turned control of the situation over to the deceased."

The primary purpose of responding to a call concerning a person with suicidal thoughts is to keep the person alive. Somehow, some way the responders have to avoid killing him in a barrage of bullets.

Originally posted at InjuryBoard by Bob Carroll

Another Taser Death - In Clearwater

Bob Carroll — Fri, 07 Apr 2006 08:13:19 GMT

Before the Taser was invented, law enforcement officers were able to subdue unarmed persons with various well-recognized techniques, some of which I learned during my training as an FBI Agent in the mid 1960's. These techniques almost always accomplished their purpose without causing any serious injury.

Enter the Taser. With the new, supposedly non-lethal, weapon now being used against both armed and unarmed persons deaths are being reported frequently throughout the country. The most recent death occurring after multiple Taser jolts occurred in Clearwater and is detailed in the St. Pete Times.

Whenever a death of an unarmed person occurs as a result of police intervention or restraint involving a Taser there should be a full investigation conducted by persons not connected to the government. The most obvious reason for an independent inquiry is the potential for a Wrongful Death Claim on behalf of the survivors of the deceased. Two potential defendants in such a claim would be the manufacturer of the Taser and the police agency. Permitting a government investigation, which does need to be accomplished, to be the only inquiry does not strike me as the best route to the whole truth.

Suspect dies after shock from Taser
CLEARWATER - The first time police shocked Thomas C. Tipton with a Taser, it barely slowed him down, a witness said.
The second time, it did nothing.
"He was uncannily powerful," said Cesar Cuevas, 47, who saw Tipton fight police in the courtyard of the Tropic Isle Motel late Wednesday night. "He was like a bull in a china shop."
Three officers eventually handcuffed Tipton, who continued to struggle, police said. Then, suddenly, he went limp.
By the time Tipton, 34, of Tampa reached a hospital, he was dead.
Police said Thursday they don't know what killed Tipton or why he fought with officers. The violent confrontation and another in Pasco County involving a 92-year-old man are likely to fuel the debate about the growing prevalence of Tasers and the risks involved.
Since 2001, more than 150 people nationwide have died after they were shocked by Tasers, according to an Amnesty International report released last week.
Most deaths were later attributed to drugs, pre-existing heart problems or "excited delirium," a psychotic and typically drug-induced state in which the heart is susceptible to cardiac arrest.
Taser International, which makes the weapons, has challenged those statistics, saying the deaths had not been officially connected to a Taser shock.
The company has said it knows of just six cases in which an autopsy found that a Taser shock was a contributing factor in someone's death.
In Tipton's case, it will fall to Pinellas-Pasco medical examiner Jon Thogmartin to determine the cause of death. Thogmartin, who declined to comment Thursday, said in October that it was a medical fact that a Taser alone would not kill.
He said, however, that Tasers can contribute to a death by exacerbating an existing medical condition.
Clearwater police policy requires officers to be trained before they are issued a Taser and requires that it "never be used as a tool for coercion." The policy further outlines when the Taser can't be used - such as when a person could fall from a high place, is pregnant or when another option is available - and bans shooting the Taser at someone's head, neck or genitals.
Tasers are used by deputies in Hillsborough, Pasco and Citrus counties, and police officers in Tampa, St. Petersburg, Clearwater, Temple Terrace, Dade City, Port Richey and Tarpon Springs.
Before Tipton, one person had died in the Tampa Bay area after a Taser shot. An autopsy attributed that 2004 death involving Hillsborough deputies to "accidental cocaine-induced agitated delirium."

Originally posted at InjuryBoard by Bob Carroll

$31 Million Verdict For Brain Injured Victim Of Deputy's Bad Driving

Bob Carroll — Fri, 02 Dec 2005 05:37:29 GMT

Seven years ago a Broward County Sheriff's Deputy crashed his cruiser into the car of 18 year old Eric Brody. This week a jury determined that the deputy was speeding and that his negligence was the sole cause of the accident. Eric was severely brain injured and is still struggling to rehabilitate himself and set the damages at $31 Million. Florida imposes a limit or cap upon the liability of governmental entities of $100,000 per person. Lawyers for Eric will have to present a Claims Bill in the Florida Legislature.

Seven years ago a Broward County Sheriff's Deputy crashed his cruiser into the car of 18 year old Eric Brody. This week a jury determined that the deputy was speeding and that his negligence was the sole cause of the accident. Eric was severely brain injured and is still struggling to rehabilitate himself. The jury set the damages at $31 Million. But, there is still legal work to be done. Florida imposes a limit or cap upon the liability of governmental entities of $100,000 per person. Lawyers for Eric will have to present a Claims Bill in the Florida Legislature and plead for justice a second time. Politicians will now decide whether Eric is compensated for the devastating consequences of the deputyâ€™s carelessness.

Excerpts rom Miami Herald news article:

A jury on Thursday ordered the Broward Sheriff's Office to pay nearly $31 million to the family of a Sunrise man who suffered severe brain damage in a traffic accident involving a deputy.

Jurors found that Deputy Chris Thieman acted negligently seven years ago when his speeding cruiser smashed into a 1982 AMC Concord driven by Eric Brody, then 18.

Brody's brain damage will impair his ability to move and care for himself for the rest of his life, according to his family.

''This is about my son getting the therapy he needs,'' said Eric Brody's father, Chuck Brody.

``If the speed limit is 45 mph, then that's what people should be doing, not 70 mph.''

The verdict included about $12 million for medical bills and estimated wages that Eric Brody would have earned over his lifetime, with the rest representing other damages, such as pain and suffering.

But it may be a long time before the Brody family can collect -- if ever. State law limits the liability of government agencies to $100,000 per person in a case like this, unless the Legislature agrees to a larger amount.

The jury reached its verdict after a two-month trial followed by just four hours of deliberations.

Michael Piper, the attorney who represented BSO in the suit, said he was ''exceedingly surprised'' by the verdict and what he called brief jury deliberations.

''There's no question that the plaintiff turned left in front of a set of headlights he could see for quite some distance,'' Piper said Thursday evening, hours after the verdict was delivered. ``He still made the decision to turn left into oncoming traffic. That is a violation of the right of way.''

Piper said he has never seen a case in which a driver making a left turn was involved in a collision, and yet all of the fault was placed on the other driver.

Experts from both sides testified about how the accident happened, and some of that testimony included the speed the deputy's car was traveling, Piper said.

''The sheriff's office told the jury from the very beginning that the deputy was traveling in excess of the posted speed limit, but it is my position that the speed of the vehicle did not cause the accident to occur,'' Piper said. ``The accident occurred because the plaintiff turned left and violated the right of way of the BSO vehicle.''

The Brody family's attorney disagreed.

''Every expert in the case, including BSO's, said that if Deputy Thieman had been traveling 45 mph the accident wouldn't have happened,'' attorney Lance Block said.

The accident happened around 10:30 p.m. on March 3, 1998.

Brody was returning home from his part-time job at the Sawgrass Mills Sports Authority.

The Piper High School senior, traveling east on Oakland Park Boulevard, tried to turn left onto Northwest 117th Lane when he was broadsided by Thieman's patrol car, traveling west.

The suit alleges that Thieman was driving at 70 mph and, just before the collision, veered from the far left inside line and crossed over two and a half lanes.

Thieman, the suit contends, smashed into the side of Brody's car. It was 10:36 p.m.

At the time of the accident, Thieman was on his way to work at the BSO Weston substation, at 2525 Arvida Pkwy.

The deputy needed to report to the station in time for roll call, 10:45 p.m.

He was in intensive care for four weeks, in a coma for six months, and in a rehabilitation facility for nine months. It wasn't until January 1999 that Brody returned to his Sunrise home.

Although he suffered permanent brain damage, Brody began home-schooling. In June, with the aid of a walker, Brody walked across the stage with the Piper High School graduating class and received his diploma.

Brody has extensive motor-skill impairment and can't cut his own meat, button his pants, or walk. And he can't speak clearly. Before the accident, Brody aspired to a career in radio broadcasting, his father said.

Even with all his disabilities, Brody is determined to support himself. He enrolled at Broward Community College right after graduation and is still attending.

''His perseverance is unreal,'' Block said. ``His determination to move forward is inspiring.''

Thieman, who has worked for the BSO since 1991, was arrested last December on eight counts of official misconduct, all felonies.

His arrest was the result of a Broward State Attorney's Office investigation into allegations that deputies systematically reclassified crimes and fraudulently cleared cases.

Originally posted at InjuryBoard by Bob Carroll

Unnecessary Roughness On The Police After USF Bulls Beat Louisville

Bob Carroll — Wed, 28 Sep 2005 07:21:48 GMT

Witnesses say the security staff and police at Raymond James Stadium used unnecessary roughness when fans rushed the field after a USF Bulls victory. There is the history of some post-game celebrations that require the effort to keep fans from the playing field. But, excessive force by police in crowd control or making an arrest can itslf be a problem and cause injuries.

"Fans want call of unnecessary roughness after USF win. Witnesses say the security staff at Raymond James Stadium used unnecessary roughness when fans rushed the field after a victory." This is the lead of a St. Pete Times article today.

"As the clock ticked down the final seconds of the University of South Florida Bulls' huge upset victory over Louisville on Saturday night...[fans]...rushed from the stands onto the football field at Raymond James Stadium..."

"[They]...were met with Tasers, batons and handcuffs from security personnel."

"The hundreds of police officers and security guards at the scene were simply trying to keep fans off the field for their own safety, officials said."

"But some fans say the officers used excessive force."

Just who is responsible for what injuries when security personnel and police themselves cause harm?

The Times story correctly presents the concerns of stadium officials and the police: "...someone broke a leg at Saturday's game and also when fans rushed the field two years ago."

"Goal posts have been responsible for at least 22 deaths nationally in the last 20 years, according to SafeUSA, a nonprofit group based in Washington, D.C."

"And because tensions are high after games, especially big games, someone could get beaten up when the winning team's fans mix with the losing team's players..."

But, excessive force by police can itslf be a problem. The story describes what some witnesses saw:

"USF professor Kathleen Armstrong compared the scene to a '60s or '70s war protest. Two or three officers would take down one fan, "throwing (the fan) on the ground, punching them in the head, the chest, the back or slamming them against the wall," she said.

"Alec Smith, president of a school spirit group called the Beef Studs, said, "One officer was swinging his stick at people's hands who were still in the stands. ... It was just really disturbing."

The law of Florida tries to strike a balance between the obligation of the police to maintain order or to make an arrest (which is certainly in the general public interest) and the right of each person to an uninjured and functioning body.

In determining whether officers applied excessive force in making an arrest (or controlling a crowd) a jury is usually instructed along these lines: whether the force used is reasonable is to be determined in light of the circumstances of each particular case; an officer can never use more force than reasonably appears to be necessary, or subject the person arrested to unnecessary risk of harm.

There you have it - the clear and definitive deviding line between doing good and doing wrong when fans head for the goal posts.

Originally posted at InjuryBoard by Bob Carroll