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Case 0:16-cv-62137-WPD Document 1 Entered on FLSD Docket 09/08/2016 Page 1 of 14

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

WARREN ROLLINS, an individual,

Plaintiff,

v.

CITY OF HOLLYWOOD, a Florida


municipality, OFFICER ALFRED STABILE,
in his individual capacity, and OFFICER PERRY
BECKFORD, in his individual capacity,

Defendants.
________________________________________/

COMPLAINT

Plaintiff, WARREN ROLLINS, by and through undersigned counsel, hereby sues the

CITY OF HOLLYWOOD (“City of Hollywood”), a Florida municipality, OFFICER ALFRED

STABILE (“Officer Stabile”), in his individual capacity, and OFFICER PERRY BECKFORD

(“Officer Beckford”), in his individual capacity, (collectively “Defendants”), and in support

thereof alleges as follows:

PARTIES

1. At all times material hereto, Plaintiff, WARREN ROLLINS (“Rollins” or

“Plaintiff”), is an individual that resides in Broward County, Florida, is over eighteen (18) years

of age and is otherwise sui juris.

2. At all times material hereto, Defendant, CITY OF HOLLYWOOD (“City of

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

City of Hollywood Police Department.

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3. At all times material hereto, Defendant ALFRED STABILE (“Officer Stabile”),

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

under the color of state law.

4. At all times material hereto, Defendant PERRY BECKFORD (“Officer

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,

and was acting under the color of state law.

JURISDICTION

5. This action is brought pursuant to 42 U.S.C. § 1983, the Fourth Amendment of the

United States Constitution and the laws of the State of Florida.

6. The jurisdiction of this Court is predicated on 28 U.S.C. §§ 1331 and 1342(a)(3)

and the supplemental jurisdiction of this Court under 28 U.S.C. § 1367(a).

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

Rollins waited inside of his car.

10. While Rollins was inside of the car, Officers Stabile and Beckford approached

Rollins’ car and ordered Rollins out of the driver’s seat.

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

chokehold with his left hand.

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

and Beckford finished checking Rollins’ driver’s license.

13. Officer Beckford was present during the unprovoked attack and took no action to

intervene or otherwise stop the attack on Rollins.

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

from the aforementioned incident.

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

satisfied or waived or otherwise occurred.

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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.

CAUSES OF ACTION AGAINST OFFICER ALFRED STABILE

COUNT I
BATTERY

19. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

20. On or about September 9, 2012, Officer Stabile intentionally attacked and battered

Rollins without provocation.

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

of capacity for the enjoyment of life.

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WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any

further relief this Court deems equitable and just.

COUNT II
ASSAULT

26. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

27. On or about September 9, 2012, Officer Stabile intentionally attacked and assaulted

Rollins without provocation.

28. Officer Stabile committed said attack with the intent to create apprehension of

imminent physical or bodily harm to Rollins.

29. Due to Officer Stabile’s actions, Rollins was in reasonable apprehension and feared

imminent physical or bodily harm.

30. Officer Stabile acted in bad faith, with malicious purpose, and in a manner

exhibiting wanton and willful disregard of Rollins’ rights, safety, or property.

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

of capacity for the enjoyment of life.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any

further relief this Court deems equitable and just.

COUNT III
FALSE IMPRISONMENT

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32. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

33. On or about September 9, 2012, Officer Stabile intentionally restrained Rollins

without provocation.

34. Officer Stabile’s actions of intentionally restraining Rollins were unreasonable,

unwarranted, without probable cause and without legal authority.

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

Stabile finished checking Rollins’ driver’s license.

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

exhibiting wanton and willful disregard of Rollins’ rights, safety, or property.

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

loss of capacity for the enjoyment of life.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any

further relief this Court deems equitable and just.

COUNT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

39. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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40. On or about September 9, 2012, Officer Stabile intentionally attacked and

deliberately inflicted emotional distress on Rollins without provocation.

41. Officer Stabile’s conduct was outrageous and extreme in degree.

42. As a direct and proximate cause of Officer Stabile’s intentional infliction of

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.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

Stabile, an award of compensatory damages, punitive damages, prejudgment interest and any

further relief this Court deems equitable and just.

COUNT V
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION CLAIM
UNLAWFUL IMPRISONMENT

43. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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

as a law enforcement officer employed by the City of Hollywood.

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

to remain until Officer Stabile finished checking Rollins’ driver’s license.

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47. Officer Stabile’s imprisonment of Rollins was unlawful because it was

unreasonable, unwarranted and done without probable cause or legal authority.

48. Due to Officer Stabile’s unlawful imprisonment of Rollins, Rollins was deprived

of his constitutionally protected right to be free from unlawful imprisonment.

49. As a direct and proximate cause of Officer Stabile’s unlawful imprisonment of

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.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

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

relief this Court deems equitable and just.

COUNT VI
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION
EXCESSIVE USE OF FORCE

50. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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

United States Constitution.

52. At all times material hereto, Officer Stabile was acting under the color of state law

as a law enforcement officer employed by the City of Hollywood.

53. On or about September 9, 2012, Officer Stabile, while acting under the color of

state law, intentionally attacked Rollins without provocation.

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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

by probable cause or an arrest warrant.

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

unreasonable searches and seizures.

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.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

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

relief this Court deems equitable and just.

CAUSES OF ACTION AGAINST OFFICER PERRY BECKFORD

COUNT VII
42 U.S.C. § 1983 CIVIL RIGHTS VIOLATION
FAILURE TO INTERVENE

57. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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

victim of another officer’s use of excessive force.

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.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against Officer

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

relief this Court deems equitable and just.

CAUSES OF ACTION AGAINST THE CITY OF HOLLYWOOD

COUNT VIII
BATTERY
(PLEADING IN THE ALTERNATIVE)

63. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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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

of his employment with City of Hollywood.

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

of capacity for the enjoyment of life.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against City of

Hollywood, an award of compensatory damages, prejudgment interest and any further relief this

Court deems equitable and just.

COUNT IX
ASSAULT
(PLEADING IN THE ALTERNATIVE)

70. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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

of his employment with City of Hollywood.

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

of capacity for the enjoyment of life.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against City of

Hollywood, an award of compensatory damages, prejudgment interest and any further relief this

Court deems equitable and just.

COUNT X
FALSE IMPRISONMENT
(PLEADING IN THE ALTERNATIVE)

77. Rollins re-alleges paragraphs 1 through 18 and incorporates said paragraphs as if

fully set forth herein.

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

of his employment with City of Hollywood.

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

crime was committed.

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

distress and loss of capacity for the enjoyment of life.

WHEREFORE, Plaintiff, WARREN ROLLINS, demands judgment against City of

Hollywood, an award of compensatory damages, prejudgment interest and any further relief this

Court deems equitable and just.

DEMAND FOR JURY TRIAL

Demand is hereby made for trial by jury on all issues so triable.

DATED: September 7, 2016.

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SHARAN LAW SERVICES, P.A.


1221 South 21st Avenue
Hollywood, Florida 33020
Telephone: (305)-547-8455
Facsimile: (786)-623-0758
Attorneys for Plaintiff Warren Rollins

By: /s/ Niti S. Sharan__________


NITI S. SHARAN, ESQ.
Florida Bar No.: 96132
nsharan@sharanlawservices.com
service@sharanlawservices.com

LAW OFFICE OF DOUGLAS J. JEFFREY, P.A.


6625 Miami Lakes Drive East, Suite 379
Miami Lakes, Florida 33014
Telephone: (305)-828-4744
Facsimile: (305)-828-4718
Attorneys for Plaintiff Warren Rollins

By: /s/ Douglas J. Jeffrey________


DOUGLAS J. JEFFREY, ESQ.
Florida Bar No.: 149527
dj@jeffreylawfirm.com

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