My question involves police conduct in the State of: Florida, Polk County (I'm posting on the behalf of my brother and will be using first person as if him)
I'm not sure if this falls into the correct category. I have called and spoke with several attorneys but it's hard to get a straight answer and know whether to proceed with a suit if I haven't paid them $500 for a consultation.
A few weeks ago I was arrested at my home because police received an anonymous tip that I sold marijuana out of my house. This is flat out lie however I do smoke marijuana occasionally and they knocked on my door after I had just finished smoking. Thinking they could smell it which would give them reasonable cause, I went ahead and let them come in without a warrant. They found my bong with residue in it but not any actual green. (I had just finished smoking it. I know that many of you will disagree with this but please try and stay with the main point of my post)
I was sent to jail and bonded out the next day. After paying the bail bondsmen $400 he called two days later and said that I needed to sign a sheet of paper. I came in and he arrested me and took me to jail and revoked my bond. I've checked around and found out he does this regularly and rips people off. I don't know what to do about my $400 but I'll look into that later.
So I had to go back to jail and no money to bond out and no one to sign for me at the time. I spent 2 weeks in jail before getting to see a judge over a misdemeanor paraphernalia charge.
THIS IS WHERE THE ASSAULT TAKES PLACE: (some vulgar language ahead)
At certain point I'm sitting in a bunk area as is everyone else. This CO (who is 3 times my size) goes to open a door and someone hits the emergency com button for inmates and says "That's right, open the door bitch." I am no where near this button. The CO turns around and says "who the **** said that" while walking up to me and getting in my face. I immediately said "No wait. It wasn't me I'm not even near the com button". His response was "yeah that's bull shit, get the **** up, get your shit and get out that door." This is all screaming by the way. I responded by standing and saying "it wasn't me I didn't say anything to you." He then grabs my stuff next to me and throws it to the door. He stands behind me and pushes me forward.
I walk forward and he then says "did you just call me a ****ing a ni**er!". (he was black and no i didn't call him any names. He was ridiculously huge and I am not that dumb". After he accuses me of doing this he literally punches me with I belive a closed fist, I couldn't see it, and i start to fall forward. This hurt like hell but I'm still not stupid. I put my hands behind my back and locked my fingers together. I said to him "Man don't punch me, I'm not resisting. Cuff me if you want but don't hit me." He then picks me up and slams me face first to the ground. Once on the ground he repeatedly kicked me tell me not to resist. At this point I am only cover my sides and face to protect myself. He then stand me up, my nose is bloodied and I believe broke. My sides are hurting like hell and clearly bruised through my rib area. This was clearly and unwarranted assault.
After the incident I asked to speak with the supervisor to file a complaint against the CO. I finally met with her 2 days later. I requested to see the tapes so that I can show her all the allegations made against me were false (no additional charges were filed against me at this point even though he claims I assaulted him and verbally was aggressive towards him). The supervisor has a grin on her face. She says this, exactly. "Well you see there is a problem with showing you the tapes. It just so happens at that EXACT moment lightning struck one of the antennas that controls the video system in that section. We weren't able to use the cameras and record anything for abut 10 minutes and it happens to cover the 10 minutes of your ordeal." The entire time with a smug look on her face and slight grin.
After speaking with her and still being in lock up I determined the smartest thing for me to do was keep my mouth shut and not be stupid. I have no doubt if I caused trouble they would find a reason to keep me there. Polk County Jail and the sheriff are notorious for this.
So my question is, what are my legal options. I am not a bad person and did nothing wrong. I am not one to easily let someone treat me like this and I am a firm believer that no one deserves to be treated like this without warrant. I spent 2 weeks in jail before getting a court date for a misdemeanor charge of paraphernalia and then received a $500 fine on top of it, work release every weekend until January, Probation for a year. My girlfriend was with me in the house at the time. Spent the same amount of time in jail, received the same charge and got a $200 fine and 60 hours of community service. The whole thing is just wrong.
Thanks for any help![]()

