Florida Federal Judge Finds Complaint Sufficiently Pled Civil Rights Claim Against PBSO, Leading To $550,000 Settlement Of Excessive Force Action Brought By Good Samaritan
June 16, 2016 - In a recent Florida federal civil rights action, Ric Bradshaw, as Sherriff of Palm Beach County, filed a motion to dismiss a 42 U.S.C.S Section 1983 claim for supervisory liability against him. Judge Donald M. Middlebrooks denied the motion, finding that plaintiff’s pleading of similar instances , showing that Palm Beach Sherriff’s Office (PBSO) failed to properly investigate uses of force by its deputies, was sufficient to state a claim of failure to train. Although the PBSO cited to Whitaker v. Miami-Dade Cnty , 126 F. Supp. 3d (S.D. Fla, 2015), in which another judge in the Southern District of Florida found no municipal liability in a case involving more similar instances than pled by plaintiff, the court pointed out that the case was not binding authority. The value of plaintiff’s complaint lies in the fact that the court’s order, finding the complaint sufficient, effectively removed the $200,000 damage cap that would apply under Florida law and spurred negotiations, ultimately yielding a $550,000 settlement a week after the court’s order on June 6, 2016.
The case began at around 11:00 p.m. on Sept. 28, 2013, when plaintiff Shawn Conboy, a retired U.S. Marshall, was driving home from dinner with a girlfriend, Natalie Damato. Plaintiff and Damato witnessed a serious car accident at the intersection of Palmetto Park Road and Toledo Road. While Conboy attempted to aid the injured accident victims, Damato called 911. PBSO Deputies Seth Perrin, Ronald Cercy, and Robert Stephan arrived on the scene. Stephan asked plaintiff and Damato for their driver's licenses and to remain on-scene so they could proffer statements of what they witnessed. After waiting for over an hour, plaintiff became frustrated and inquired as to when they would be able to leave. Plaintiff claimed that Stephan, Perrin, and Cercy then began treating him like a criminal and eventually struck his face against the hood of his car. Perrin then allegedly Tasered plaintiff in the lower middle area of his back, causing him to land on the pavement. While plaintiff was on the ground bleeding, Perrin allegedly Tasered him a second time and placed him into handcuffs. Charges filed against plaintiff were later "no-filed" by the State Attorney's Office, but plaintiff still lost his position as an Area Security Manager for Florida Power and Light Company. Plaintiff’s civil rights action followed.
Plaintiff was represented by Stuart Kaplan and Joseph Sconzo of Kaplan Sconzo & Parker, P.A., in Palm Beach Gardens, FL.