Beruflich Dokumente
Kultur Dokumente
CASE NO.:
Plaintiff,
v.
Defendants.
________________________________________/
COMPLAINT
Plaintiff, WARREN ROLLINS, by and through undersigned counsel, hereby sues the
STABILE (“Officer Stabile”), in his individual capacity, and OFFICER PERRY BECKFORD
PARTIES
“Plaintiff”), is an individual that resides in Broward County, Florida, is over eighteen (18) years
Hollywood”), is a Florida municipal corporation and is a person defined by 42 U.S.C. § 1983 and
is subject to the jurisdiction of this Court. At all times material hereto, Hollywood operated the
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upon information and belief, is a resident of Broward County, Florida, is over eighteen (18) years
of age and is otherwise sui juris. At all times material hereto, Officer Stabile was an employee and
a law enforcement officer of Hollywood and is being sued in his individual capacity. At all times
material hereto, Officer Stabile was acting as an agent and employee of Hollywood, and was acting
Beckford”), upon information and belief, is a resident of Broward County, Florida, is over eighteen
(18) years of age and is otherwise sui juris. At all times material hereto, Officer Beckford was an
employee and a law enforcement officer of Hollywood and is being sued in his individual capacity.
At all times material hereto, Officer Beckford was acting as an agent and employee of Hollywood,
JURISDICTION
5. This action is brought pursuant to 42 U.S.C. § 1983, the Fourth Amendment of the
VENUE
7. Venue is placed in the United States District Court for the Southern District of
Florida because it is where all the Defendants reside and where the events complained of occurred.
FACTS
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8. On September 9, 2012, Rollins and his friend Reynaldo Clarke (“Clarke”) drove to
M & B Grocers (the “Grocer”) located at 530 N. Dixie Highway, Hollywood, FL.
9. Upon arrival at the Grocer, Clarke went inside the store to purchase groceries while
10. While Rollins was inside of the car, Officers Stabile and Beckford approached
11. As Rollins complied with these instructions, Officer Stabile, for no apparent reason,
attacked Rollins by pushing Rollins against the side of the car and then grabbing Rollins in a
12. Officer Stabile then, through the chokehold, lifted Rollins off of the ground and
then forcefully placed Rollins onto the pavement where Rollins remained until Officers Stabile
13. Officer Beckford was present during the unprovoked attack and took no action to
14. At all times material hereto, Rollins was not engaged in any crime or any violation
of Florida Statutes and did nothing to provoke or warrant Officer Stabile’s attack.
15. After checking Rollins’ driver’s license, Officers Stabile and Beckford permitted
Rollins to leave and did not arrest, charge or book Rollins for any crime.
16. As of the filing of this Complaint, no charges have been filed against Rollins arising
17. Pursuant to Fla. Stat. § 768.28, Rollins has delivered written notice of his claims to
the Defendant, City of Hollywood. All conditions precedent to the filing of this action have been
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18. Sharan Law Services, P.A. and Law Offices of Douglas J. Jeffrey, P.A. have been
retained to represent Mr. Rollins and he has agreed to pay said counsel a reasonable fee for their
services herein.
COUNT I
BATTERY
20. On or about September 9, 2012, Officer Stabile intentionally attacked and battered
21. Officer Stabile committed said attack with the intent to cause harmful or offensive
contact to Rollins.
22. Officer Stabile did physically contact Rollins without Rollins’ consent when
Officer Stabile pushed Rollins against the side of his car, grabbed Rollins in a chokehold, lifted
Rollins off of the ground and forcefully slammed Rollins onto the pavement.
23. Officer Stabile’s physical contact with Rollins was harmful and offensive to
Rollins.
24. Officer Stabile acted in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for Rollins’ rights, safety or property.
25. As a direct and proximate cause of Officer Stabile’s intentional attack, Rollins has
suffered damages, physical injury, pain and suffering, mental anguish, emotional distress, and loss
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Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any
COUNT II
ASSAULT
27. On or about September 9, 2012, Officer Stabile intentionally attacked and assaulted
28. Officer Stabile committed said attack with the intent to create apprehension of
29. Due to Officer Stabile’s actions, Rollins was in reasonable apprehension and feared
30. Officer Stabile acted in bad faith, with malicious purpose, and in a manner
31. As a direct and proximate cause of Officer Stabile’s intentional assault, Rollins has
suffered damages, physical injury, pain and suffering, mental anguish, emotional distress and loss
Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any
COUNT III
FALSE IMPRISONMENT
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without provocation.
35. Due to Officer Stabile’s actions, Rollins was placed in a chokehold, lifted off of the
ground and forced onto the pavement where Officer Stabile ordered Rollins to remain until Officer
36. At no time did Officer Stabile have probable cause to believe Rollins committed a
crime.
37. Officer Stabile acted in bad faith, with malicious purpose, and in a manner
38. As a direct and proximate cause of Rollins’ false imprisonment of Rollins, Rollins
has suffered damages, physical injury, pain and suffering, mental anguish, emotional distress, and
Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any
COUNT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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emotional distress, Rollins has suffered damages, severe emotional distress, physical injury, pain
and suffering, mental anguish, emotional distress, and loss of capacity for the enjoyment of life.
Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any
COUNT V
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION CLAIM
UNLAWFUL IMPRISONMENT
44. At all times material hereto, Rollins maintained the right to be free from unlawful
imprisonment a protected right under the Fourth and Fourteenth Amendment of the United States
Constitution.
45. At all times material hereto, Officer Stabile was acting under the color of state law
46. On or about September 9, 2012, Officer Stabile, while acting under the color of
state law, unlawfully imprisoned Rollins by placing Rollins in a chokehold, lifting Rollins off of
the ground and forcefully placing Rollins on the pavement where Officer Stabile ordered Rollins
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48. Due to Officer Stabile’s unlawful imprisonment of Rollins, Rollins was deprived
Rollins, Rollins’ constitutionally protected civil rights were violated and he suffered damages,
physical injury, pain and suffering, mental anguish, emotional distress, and loss of capacity for the
enjoyment of life.
Stabile, an award of compensatory damages, punitive damages, reasonable attorney’s fees and
costs as provided by 42 U.S.C. § 1988 and 42 U.S.C. § 12205, prejudgment interest and any further
COUNT VI
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION
EXCESSIVE USE OF FORCE
51. At all times material hereto, Rollins maintained the right to be free from the
excessive use of force, a protected right under the Fourth and Fourteenth Amendments of the
52. At all times material hereto, Officer Stabile was acting under the color of state law
53. On or about September 9, 2012, Officer Stabile, while acting under the color of
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54. Officer Stabile’s attack on Rollins constitutes an excessive use of force on Rollins
because said attack was not undertaken during the commission of an arrest and was unsupported
55. Due to Officer Stabile’s excessive use of force against Rollins, Rollins was
deprived of his constitutionally protected right to be free from the excessive use of force and
56. As a direct and proximate cause of Officer Stabile’s excessive use of force against
Rollins, Rollins’ constitutionally protected civil rights were violated and he suffered damages,
physical injury, pain and suffering, mental anguish, emotional distress, and loss of capacity for the
enjoyment of life.
Stabile, an award of compensatory damages, punitive damages, reasonable attorney’s fees and
costs as provided by 42 U.S.C. § 1988 and 42 U.S.C. § 12205, prejudgment interest and any further
COUNT VII
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION
FAILURE TO INTERVENE
58. This cause of action is brought by Rollins against Officer Beckford for his failure
to intervene to prevent Officer Stabile from violating the constitutional rights of Rollins.
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59. Law enforcement officers have an affirmative duty to intervene when the officer is
aware of constitutional violations in their presence and must take reasonable steps to protect the
60. Officer Beckford failed to prevent Officer Stabile from using excessive force
against Rollins when he had a reasonable opportunity to do so. Officer Beckford’s failure to
intervene is a violation of the Fourth Amendment and as such is actionable under 42 U.S.C. §
1983.
61. Officer Beckford failed to prevent Officer Stabile from unlawfully imprisoning
Rollins when he had a reasonable opportunity to do so. Officer Beckford’s failure to intervene is
a violation of the Fourth Amendment and as such is actionable under 42 U.S.C. § 1983.
62. As a direct and proximate cause of Officer Beckford’s failure to intervene, Rollins’
constitutionally protected civil rights were violated and he suffered damages, physical injury, pain
and suffering, mental anguish, and loss of capacity for the enjoyment of life.
Beckford, an award of compensatory damages, punitive damages, reasonable attorney’s fees and
costs as provided by 42 U.S.C. § 1988 and 42 U.S.C. § 12205, prejudgment interest and any further
COUNT VIII
BATTERY
(PLEADING IN THE ALTERNATIVE)
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64. At all times material hereto, Officer Stabile was an employee of the City of
Hollywood.
65. At all times material hereto, City of Hollywood maintained a supervisory role of all
actions undertaken by Officer Stabile during the course and scope of his employment.
66. At all times material hereto, Officer Stabile was acting within the course and scope
67. Officer Stabile, while acting within the course and scope of his employment,
committed a battery by attacking Rollins and causing harmful or offensive physical contact.
68. While committing this battery, Officer Stabile did not act in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard of Rollins’ rights,
safety, or property.
69. As a direct and proximate cause of Officer Stabile’s battery of Rollins, Rollins
suffered damages, physical injury, pain and suffering, mental anguish, emotional distress, and loss
Hollywood, an award of compensatory damages, prejudgment interest and any further relief this
COUNT IX
ASSAULT
(PLEADING IN THE ALTERNATIVE)
71. At all times material hereto, Officer Stabile was an employee of the City of
Hollywood.
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72. At all times material hereto, City of Hollywood maintained a supervisory role of all
actions undertaken by Officer Stabile during the course and scope of his employment.
73. At all times material hereto, Officer Stabile was acting within the course and scope
74. Officer Stabile, while acting within the course and scope of his employment,
committed an assault by attacking Rollins and causing Rollins to be in fear of harmful or physical
contact.
75. While committing this assault, Officer Stabile did not act in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard of Rollins’ rights,
safety, or property.
76. As a direct and proximate cause of Officer Stabile’s assault of Rollins, Rollins
suffered damages, physical injury, pain and suffering, mental anguish, emotional distress, and loss
Hollywood, an award of compensatory damages, prejudgment interest and any further relief this
COUNT X
FALSE IMPRISONMENT
(PLEADING IN THE ALTERNATIVE)
78. At all times material hereto, Officer Stabile was an employee of the City of
Hollywood.
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79. At all times material hereto, City of Hollywood maintained a supervisory role of all
actions undertaken by Officer Stabile during the course and scope of his employment.
80. At all times material hereto, Officer Stabile was acting within the course and scope
81. Officer Stabile, while acting within the course and scope of his employment with
City of Hollywood, falsely imprisoned Rollins without an arrest warrant or probable cause that a
82. While committing this false imprisonment, Officer Stabile did not act in bad faith,
with malicious purpose, or in a manner exhibiting wanton disregard of Rollins’ rights, safety or
property.
83. As a direct and proximate cause of Officer Stabile’s false imprisonment of Rollins,
Rollins has suffered damages, physical injury, pain and suffering, mental anguish, emotional
Hollywood, an award of compensatory damages, prejudgment interest and any further relief this
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