Jury Verdict Submission & Research

March 17, 2016 - On Oct. 10, 2013, Indian River Sherriff's Deputy Michael Cavanaugh responded to a "welfare check" of toddler children called in by their mother, who was the estranged wife of the child's father, plaintiff Craig Kovaleski. When the deputy arrived at the gated home, he used a gate code provided by the children's mother to 911 dispatch and did not attempt to contact Kovaleski through the call box outside the gate. Once inside the residential compound, the deputy allegedly entered the house without a warrant, consent or exigent circumstances. The deputy then allegedly arrested and handcuffed Kovaleski in front of his young children, put him in the squad car, and transported him to jail where Kovaleski spent the night before his first appearance at a criminal hearing.

 Kovaleski claimed that the deputy fabricated evidence in his arrest affidavit and then lied to a family law judge in a custody hearing, claiming he saw Kovaleski sleeping on his own couch inside the house while the toddlers were playing outside and at serious risk of harm in their yard.  Kovaleski allegedly had video from interior cameras contradicting the deputy's sworn statements. Kovaleski also claimed that Deputy Cavanaugh was an associate of a police officer with whom his estranged wife had been having an affair. In an internal affairs review, the deputy was allegedly found guilty of the Sheriff's policies and received a five-day suspension.  The deputy had allegedly been previously disciplined for numerous serious violations, with very minor consequences such as "counseling" and "verbal warnings." Previous internal affairs investigations allegedly revealed crimes committed by the deputy while on duty that were not investigated or dismissed by supervisors as minor.

 Kovaleski filed a federal civil rights action against Deputy Cavanaugh and Indian River Sheriff Deryl Loar, in the United States District Court for the Southern District of Florida, Fort Pierce Division. Plaintiff was represented by Guy Rubin of Rubin & Rubin, P.A. Defendants were represented by Richard Giuffreda of Purdy, Jolly, Giuffreda, and Barranco, P.A., and Bruce Bogan of Hilyard, Bogan & Palmer, P.A. Plaintiff asserted claims of illegal search and seizure, false arrest, and numerous constitutional rights violations under 42 U.S.C.S. §1983.  Plaintiff also asserted state law claims of defamation, battery, and intentional infliction of emotional distress. The defense claimed that the deputy had qualified immunity for his actions and that the sheriff was not responsible because he consistently took appropriate disciplinary action against this deputy. Plaintiff was a financial advisor/stock broker who suffered post-traumatic stress disorder related to his false arrest.  He also incurred more than $50,000 in legal fees in criminal defense and custody hearings related to the false arrest. Eventually, he also lost his job because he lost clients as a result of the negative publicity at the time of his arrest.

 On Feb. 22, 2016, the parties reached a $500,000 settlement. The case is Craig Kovaleski v. Michael Cavanaugh and Indian River Sheriff Deryl Loar, No. 2:14-CV-14501-RLR (S.D. Fla). You can view this case and related documents on the Litigator’s Verdict & Settlement Exchange.