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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Correctional Officer Physically Assaulted Me

    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

  2. #2

    Default Re: Correctional Officer Physically Assaulted Me

    Well in regards to the original arrest if you let the police in it is generally deemed a consensual search, but in the future remember you have a 4th amendment right to say no to the police.

    In regards to the prison attack if those facts are true then you will have numerous claims for violation of your constitutional rights 42 U.S.C. 1983 will be the statute you would use, but there are plenty of frivolous prisoner lawsuits and your brother will have the burden of proof to show this occurred. Now if this video is missing that will look quite suspicious if it goes to a jury, but you still have to prove all these facts. Furthermore, you will have to prove injuries so you should document any injuries right so because if your fine by the time a trial starts you can't prove the harm you suffered. I believe many attorneys would take a case like this on a contingency fee basis, which means you don't pay unless you win. If these facts are true this would be a huge case and there are probably more than a few lawyers that would at the very least listen to the story.

    You can find attorneys through the Florida Bar website, the ACLU might also be a good organization to contact, legal match, this site and a number of other places could help you find someone, but if this really happened and you can prove it I would speak to an attorney in your area ASAP. Good luck!

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Correctional Officer Physically Assaulted Me

    It sounds like he has been digging a hole for years and just got buried in it. Absent proof of his claims, the likelihood of any justice for his jail situation seems unlikely.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Correctional Officer Physically Assaulted Me

    I agree with most of what Legend posted above, as far as it goes. However, before you start looking for a payday via civil suit, you should at least have a documented record of trying to seek justice through the legal system. What you are alleging is a serious crime. You tried to report the incident to this CO's immediate supervisor, but got nowhere. Now that you are out, you should file an official (as in writing in a statement signed under penalty of false reporting) complaint with the agency in charge of the jail. I'm not from FL., but I believe that the jail is run by the county sheriff's office. If so, you should file a complaint for official misconduct and assault against the CO with the sheriff's department...as in a criminal complaint, not seeking civil restitution. If they blow your complaint off, go directly to the county prosecutor's office.

    Now, as Legend says, the burden is going to be on you to show that your allegation is credible. If you cannot provide credible evidence, you are not going to be believed (your word alone is not enough). You are already behind the credibility curve as you are an accused criminal making an allegation against an active CO. The CO can be presumed to have a history of good character, has passed a background and psych eval, has likely passed a polygraph, passed academy training and a probationary period, and has a respectable work history in corrections. So, that is the starting point that you have to overcome. Your injuries are the best evidence you have to establish credibility. You need to have them documented ASAP both by doctor's examination and photographs (by an unimpeachable source, such as a law enforcement officer, who can testify to their authenticity and when they were taken). The claimed missing video is suspicious, but not enough by itself. The corrections staff has no obligation to show you security videos (and, in fact, are likely prohibited by policy from doing so...for very good reasons) and can give you any reason they want for not doing so. However, a law enforcement agency conducting a criminal investigation can get those recordings. If they have in fact been destroyed under suspicious circumstances, that is fuel to your fire.

    If your claims are accurate and the whole story, the CO should face criminal prosecution. But, just like anyone else, he is presumed innocent of criminal activity until proven guilty beyond a reasonable doubt. Even in a civil suit, he is presumed innocent until proven guilty by a preponderance of the evidence. Your word against his meets neither burden of proof.

  5. #5

    Default Re: Correctional Officer Physically Assaulted Me

    Very well said and as PTPD points out this is also a criminal claim and you shouldn't file some sort of grievance etc to bolster your case. Simply showing up in civil court looking for day will not help. The burden of proof is very difficult particularly since your brother has a criminal history and there are numerous prisoner lawsuits that have little credibility. As suggested document anything you have ASAP and as PTPD suggests do it from an umimpeachable source photographing your own injuries will not look good in court if it comes down to it. Certainly better than nothing, but if you have a doctor's report, police report, etc that is far more credible than a plaintiff's own photographs of their injury.

    If this is a valid case it is horrible, but as an anonymous internet poster I am skeptical and a judge hearing this will be as well. You will have the burden of producing all the evidence in this case good luck.

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