Gonzalez v. Israel, CASE NO. 15-CIV-60060-BLOOM/Valle
| Decision Date | 13 March 2015 |
| Docket Number | CASE NO. 15-CIV-60060-BLOOM/Valle |
| Parties | DAVID GONZALEZ, Plaintiff, v. SCOTT ISRAEL, as Sheriff of Broward County, Florida, MIKE MANRESSA and JUSTIN LAMBERT, Defendants. |
| Court | U.S. District Court — Southern District of Florida |
THIS CAUSE came before the Court on the Motion to Dismiss, ECF No. [7] (the "Motion") filed by Defendants Scott Israel, in his capacity as Sheriff of Broward County, Florida ("BSO"), Mike Manresa and Justin Lambert (Manresa and Lambert, the "Deputies," and with BSO, "Defendants") with respect to Plaintiff David Gonzalez's ("Plaintiff") Complaint, ECF No. [1]. The Court has carefully reviewed the Motion, all supporting and opposing submissions, the record in this case and applicable law. For the reasons set forth below, the Motion is DENIED.
This action centers on Plaintiff's allegations that the Deputies used excessive force against him and he was arrested without legal justification in violation of his civil rights.
The following facts are alleged in the Complaint. On February 18, 2014, at or about 7:54 p.m., the Deputies responded to a Texaco gas station located at 4517 N. Dixie Highway, in Deerfield Beach, Broward County, Florida. Compl. ¶ 12. The Deputies were dispatched in reference to a possible theft of candy and beer from the Texaco station convenience store. Id. ¶ 13. Upon arrival, Manresa spoke with Mohamad Kabir, the manager of the Texaco station. Id.¶ 14. As Manresa was exiting the gas station convenience store, Lambert arrived as a backup deputy. Id. ¶ 15. The Deputies drove behind the gas station and located Plaintiff, who was speaking with friends that live in the area behind the gas station. Id. ¶ 16. Manresa ordered Plaintiff to return to the front of the gas station so that the Deputies could conduct an investigation. Id. ¶ 17. Plaintiff complied with the order. Id. ¶ 18.
At the front of the gas station, the Deputies accused Plaintiff of committing a theft inside the gas station convenience store. Id. ¶ 19. Plaintiff "vehemently and adamantly denied committing any theft." Id. ¶ 20. Manresa then entered the convenience store again, while Lambert remained with Plaintiff. Id. ¶ 21. When Manresa exited the convenience store, he requested that Plaintiff provide his driver license. Id. ¶ 22. Plaintiff "immediately" complied, handing his license to Manresa. Id. ¶ 23.
While Manresa was in possession of Plaintiff's driver license and conducting a teletype check, Lambert approached Plaintiff, "stood within inches of Plaintiff's face, menacingly confronted Plaintiff without justification, and remained within inches of Plaintiff's face for almost ten seconds." Id. ¶ 24. Once Lambert "retreated a few feet," Manresa joined Lambert and both stood in front of Plaintiff for approximately forty seconds as Plaintiff again "vehemently and adamantly denied committing a theft." Id. ¶ 25. Lambert then punched Plaintiff in his face or neck. Id. ¶ 26. The Deputies moved closer to Plaintiff, and seconds later, Lambert again punched Plaintiff in his face or neck. Id. ¶ 27. After punching Plaintiff in his face or neck a second time, Lambert "immediately grabbed Plaintiff by his shirt or neck with both hands." Id. ¶ 28. Manresa joined Lambert in "grabbing" Plaintiff near his right arm or shoulder. Id. ¶ 29. The Deputies then "threw and smashed Plaintiff's face and body on the hard ground, knocking him unconscious." Id. ¶ 30. "At no time did Plaintiff strike or attempt tostrike Manresa or Lambert, or resist arrest in any way, including resisting being handcuffed." Id. ¶ 31.
The Deputies handcuffed Plaintiff as he lay motionless. Id. ¶ 32. Manresa searched Plaintiff's pockets for approximately two minutes while "kicking and rolling his unconscious, bleeding body over" as Lambert stood over Plaintiff. Id. ¶ 33. Approximately three minutes after knocking Plaintiff unconscious, Lambert called for emergency medical aid. Id. ¶ 34. After Plaintiff regained consciousness a few minutes later, Manresa propped Plaintiff up in a sitting position while they waited for emergency medical aid to arrive. Id. ¶¶ 35-36. Minutes later, medical aid arrived as Plaintiff remained handcuffed in a seated position on the ground. Id. ¶ 37. Plaintiff was subsequently helped onto a stretcher, placed in an emergency vehicle, and transported to North Broward Medical Center's Emergency Department for medical treatment. Id. ¶ 38.
As a result of the foregoing, Plaintiff suffered "significant" injuries including, but not limited to: "multiple comminuted fractures in the left side of his face, which includes the anterior and posterolateral wall of the left maxillary sinus extending into the inferior left orbital wall; comminuted, depressed fracture of the zygomatic arch on the left side; proptosis of the left eye; facial fracture involving the superior orbital wall involving the left frontal sinus; blood in the left maxillary sinus; preseptal soft tissue swelling; zygomatic arch fracture involving the glenoid fossa; various neck and back injuries and/or severe exacerbation of previous neck and back injuries." Id. ¶ 29.
The Deputies found no evidence to support arresting Plaintiff for theft, did not arrest Plaintiff for theft, or subsequently charge Plaintiff with theft. Id. ¶ 40. Plaintiff was, however, arrested on two counts of resisting an officer without violence, pursuant to Fla. Stat. § 843.02.Id. ¶ 41. Upon being medically cleared, Plaintiff was transported to jail in Broward County, Florida. Id. ¶ 42. Plaintiff remained in jail until he posted bond for the charges for which he was arrested. Id. ¶ 43.
Plaintiff further alleges that Manresa "authored a false police report, wherein he fabricated numerous significant facts in an effort to support the false arrest and gratuitous violence, and in retaliation for Plaintiff exercising his protected speech." Id. ¶ 44. "Among other significant fabrications, Manresa swore under oath that Plaintiff resisted arrest." Id. ¶ 45. Specifically, Manresa asserted that he "attempted holding [Plaintiff] against the wall to calm him and place him in handcuffs, but he pushed his body forward." Id. Manresa further asserted that Plaintiff "attempted to pull his hands away" from Manresa's and Lambert's grasp. Id. Lambert authored a case supplemental report, "wherein he fabricated numerous significant facts in an effort to support the false arrest, gratuitous violence, and retaliation for Plaintiff exercising his protected speech." Id. ¶ 46 Among other significant fabrications, Lambert asserted that he and Manresa "tried to push [Plaintiff] up against the gas station wall, to handcuff him for his and our safety" that "[Plaintiff] pushed himself off the wall" and that they "attempted to push [Plaintiff] up against the wall a second time, continuing to struggle and attempt to pull away from us." Id. ¶ 47.
Plaintiff alleges that as a proximate cause of Manresa's and Lambert's "fabrications and material omissions" in the police reports, Plaintiff was formally charged via information by the Broward County Office of the State Attorney on March 13, 2014, with one count of resisting an officer without violence. Id. ¶ 50. On April 16, 2014, Manresa gave a sworn deposition in reference to Plaintiff's criminal matter, "at which time he again fabricated numerous significant facts in an effort to support the false arrest, gratuitous violence, and then-pending criminalcharges against Plaintiff." Id. ¶ 51. However, on May 7, 2014, after having watched the video surveillance of the incident, the Broward County Office of the State Attorney dropped (via a nolle prosse) the charge against Plaintiff. Id. ¶ 52.
The Complaint further alleges "almost identical" misconduct by Lambert separate and prior to the February 18, 2014 incident. Id. ¶ 53.
According to the Complaint, Lambert was first hired by BSO on May 25, 2000 as a Detention Deputy Cadet. Id. ¶ 58. BSO was aware, at that time and at all times material to this matter, that Lambert had previously been arrested or detained in Broward County for, and formally charged with, the "criminal offense of strong arm robbery." Id. ¶ 59. Lambert's first day of work for BSO was June 12, 2000. Id. ¶ 60. Lambert was terminated by BSO effective October 12, 2000. Id. ¶ 61. That termination Id. ¶ 62. On December 13, 2000, Lambert failed the Florida Officer Certification Examination, one of the prerequisites for certification as an officer. Id. ¶ 63. BSO was aware of that failure. Id. ¶ 64. On January 31, 2001, Lambert retook and passed the Florida Officer Certification Examination. Id. ¶ 65. On or about February 26, 2001, Lambert was rehired by BSO, this time as a Certified Detention Deputy. Id. ¶ 66. On or about June 14, 2004, Lambert submitted an application to BSO for a law enforcement position. Id. ¶ 67. At that time and at all times relevant to this matter, BSO was aware that Lambert had applied to, and been rejected by, four different law enforcement agencies within the previous year for a law enforcement position, including once by BSO itself in approximately December, 2003. Id. ¶ 68. BSO was further aware that Lambert had received written reprimands or suspensions during his employment as a Detention Deputy. Id. ¶ 69.Nevertheless, on or about August 3, 2004, Lambert was conditionally hired by BSO as a Certified Deputy Sheriff. Id. ¶ 70. On or about January 27, 2005, Lambert was (non-conditionally) hired by BSO as a Certified Deputy Sheriff. Id. ¶ 71.
On December 5, 2009, Lambert "falsely arrested and unnecessarily beat" an individual named Jorge Rodriguez, "a Hispanic male of similar age to Plaintiff," and "fabricated numerous significant facts causing Rodriguez to be prosecuted." Id. ¶¶ 54, 193. In connection with that incident,...
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