CIVIL RIGHTS - The Bonderud Law Firm Fights the Good Fight
At The Bonderud Law Firm, the majority of our cases consist of personal injury, family law, and criminal defense cases. However, we occasionally take cases involving civil rights violations. In fact, historically, the Firm really “cut its teeth” litigating civil rights cases in federal court. Fortunately, in 2022, civil rights violations that are meritorious and truly actionable, and that warrant full-blown litigation (or the threat of it), are rare. However, civil rights violations do still occur, and when such a case is brought to the Firm, we pursue our clients’ interests with vigor and passion. Recently, the Firm resolved two separate civil rights cases without the matters even being filed in court.
In this note, we’ll describe one of the two civil rights matters. It involves an egregious and inexcusable case of mistaken identity. A Florida sheriff’s office detective was investigating allegations of sexual battery on a child (a/k/a child rape). The detective interviewed the suspect in person and obtained all necessary information for the detective to apply for an arrest warrant. When the detective did ultimately apply for an arrest warrant, the first, middle, and last name of the suspect were correct. However, all of the other vital details of the suspect were incorrect. When the arrest warrant was issued for sexual battery on a child under the age of 12, the warrant was for the arrest of our client, who lives on the other side of the State from where the actual suspect lives. Our client has the same first, middle, and last name of the suspect, but is not the individual who the detective had interviewed, and is not the individual who was actually suspected of committing felony sexual battery on a child.
When the sheriff’s office in our client’s local, rural community received the arrest warrant, the sheriff’s office understandably treated the matter as a serious one. More than a dozen sheriff’s office deputies executed what they considered to be a “high-risk arrest” when they came to our client’s sleepy, residential neighborhood. Our client, a wife, mother, grandmother, and neighbor, was traumatized by the swarm of blue lights and long-barrel firearms. She was taken to the local jail and spent the night there before the original detective realized the error and promptly sought and obtained a rescission of the arrest warrant.
For our client, though, the damage was done. She had been accused of sexual battery on a minor child under the age of 12. That’s a bell that can’t be un-rung.
Our client desired fair compensation for her experience, but she did not want to commit to a multi-year federal lawsuit. We contacted the originating detective’s Sheriff’s Office, and as is usual, we had to educate their risk management department about the remedies that federal law provides for individuals such as our client. We explained that the detective was liable to our client under 42 USC §§ 1983 and 1988 for malicious prosecution. Although our client was arrested after a warrant was issued for her arrest, the detective is liable for procuring the arrest warrant. The Eleventh Circuit Court of Appeals has held that "an officer who secures an arrest warrant without probable cause is liable for all foreseeable injuries flowing from the officer's initial act, regardless of further involvement." Carter v. Gore, 557 Fed. Appx. 904, 906 (11th Cir. 2014). Additionally, qualified immunity will not shield the detective from liability, because "the Supreme Court established the constitutional right to be free from officers making . . . 'recklessly false statements in support of a warrant.'" Id. at 907-908 (citing Franks v. Delaware, 438 U.S. 154, 165-66 (1978)). In other words, the detective violated our client’s clearly-established constitutional rights. Our client would be entitled to recover compensatory damages, punitive damages, attorney fees, and litigation expenses.
After extensive discussions and negotiations, we resolved our client’s claim for a significant 5-figure settlement. It made our client whole and contributed to her feeling as though justice had been done.
At The Bonderud Law Firm, we represent clients throughout the State of Florida. If you’d like a consultation, please contact our office: 904-438-8082.