Order Finding No Conflict Of Interest In Civil Rights Defense Representation Of Florida County And Off-Duty Deputy
Plaintiff Ana Alvarez, as guardian of Aldo Alvarez, claimed that on May 8, 2013, defendant Joshua McGehee, a Palm Beach County Sheriff’s Deputy, shot and unlawfully arrested Aldo, a 37-year-old male who was mentally handicapped, suffered from schizophrenia, and had been declared legally and mentally incompetent. Aldo had allegedly been engaged in a friendly conversation with McGehee on a sidewalk in front of McGehee’s home when McGehee “escalated” the interaction by identifying himself as a sheriff’s deputy, drawing a firearm, and shouting verbal commands. McGehee then allegedly discharged his firearm 10 times at Aldo, who was struck by six bullets in his abdomen, arms, and hip. Plaintiff also claimed that McGehee delayed calling 911 to obtain emergency treatment for Aldo and falsely alleged that Aldo had attacked and cornered him in his garage. Aldo was subsequently charged with burglary and battery of a law enforcement officer. Plaintiff claimed that shell casings found at McGehee’s home refuted his claim that he was cornered because the casings showed that McGehee shot toward the house, rather than away from it.
Plaintiff filed a complaint on May 14, 2015, under 42 U.S.C.S. § 1983, claiming that Aldo’s civil rights were violated by McGehee’s use of excessive force. Plaintiff also brought negligent hiring claims against the Palm Beach County Sheriff’s Office, as well as false arrest/false imprisonment and malicious prosecution claims against both defendants. Palm Beach County argued that it was not liable because McGehee was off-duty when the shooting occurred. Plaintiff filed a motion to disqualify defense counsel from representing both Palm Beach County and McGehee, arguing that such representation created a conflict of interest and violated Rules 4-1.7 and 4-1.10 of the Rules Regulating the Florida Bar. In denying the motion, United States District Court Judge Kenneth Marra presented a well-reasoned opinion on potential conflicts of interest in joint representation of § 1983 co-defendants and why a waiver was sufficient under these facts.
The parties entered into a $600,000 settlement, filing a stipulation of dismissal on March 29, 2016. Of the $600,000 settlement proceeds, $300,000 was to come from the County while the other $300,000 was to come from McGehee’s homeowner’s insurance carrier.