This is an oldie but worth reading. COLLIER COUNTY — The Collier County Sheriff’s Office paid $80,000 to settle a federal civil rights lawsuit that alleged an “unnecessarily aggressive” deputy unlawfully arrested a Golden Gate Estates couple and their in-laws, putting them in fear for their lives. The 2008 lawsuit filed by Kathleen DeRosa, her husband, James, his brother, Louis, and his wife, Mary Elizabeth DeRosa, was dismissed last week by U.S. District Court Judge John Steele, averting a trial in September against Cpl. Shaun George and Sgt. Andrew Orcutt. The DeRosas contended George was acting erratically, shaking, nervous, and repeatedly told them to “shut up” when he stopped their truck for failing to dim its headlights on Oct. 16, 2004. After George repeatedly told Kathleen DeRosa to shut up, she told him: “You really need to work on your community service skills.” Steele said that “fails to even come close to obstruction,” ruling George had no probable cause to arrest her. “Deputy George’s testimony that it is unlawful for a person to talk during his traffic stop has probably never been the law, but certainly has not been the law since 1987,” Steele wrote in a 41-page order last year, when he ruled George had probable cause to stop the truck and arrest James DeRosa for fleeing and eluding. This spring, the U.S. Circuit Court of Appeals for the 11th Circuit in Washington, D.C., affirmed that George had no probable cause to arrest Kathleen DeRosa. “Kathleen’s criticisms of George, even if distracting, did not incite others against, interfere with, or impede George from citing James for his traffic infraction,” the appeals court ruled. “In fact, the record does not suggest that Kathleen even questioned George’s authority.” The Sheriff’s Office was denied a rehearing. The settlement was confidential, but was obtained by the Daily News through the state public records law. George, an employee since November 2000, and Orcutt, who was hired in October 1991, still hold those job titles. “Ending the litigation was in the best interest of all parties including the community,” Capt. Michael Hedberg, counsel for the Sheriff’s Office, said, declining further comment. Last year, Steele dismissed all claims against Sheriff Kevin Rambosk, who was accused of having a policy or practice of inadequate training and oversight. The remaining counts against George and Orcutt alleged negligence, malicious prosecution and unlawful arrest, which includes excessive force. The defendants were represented by Richard Giuffreda, Adriana Mihaela Jisa, Jason Lee Scarberry, all of Purdy, Jolly, Giuffreda & Barranco in Fort Lauderdale. Attorney Colleen MacAlister of Naples was out of state and couldn’t be reached for comment, but had called it a case of police misconduct, alleging there was “no justification” for a simple traffic stop escalating if an officer acts professionally. The four were in the area looking at properties for sale. They said George pursued them after handing them a ticket, was shaking and kept putting his hand on his gun, putting them in fear for their lives. All criminal charges against them were dropped. The lawsuit and rulings provide this account: The stop occurred at about 7:30 p.m., when George was traveling east on Randall Boulevard in Golden Gate Estates and saw the DeRosas’ GMC truck coming toward him with its high beams on, a traffic infraction. James DeRosa turned on his brights after he thought he saw a pedestrian in the road, but turned them off when he saw a vehicle approaching. In his report, George said the GMC did not dim its lights, so he turned around and stopped it. He asked James DeRosa for his license, registration and proof of insurance and DeRosa, who was driving his wife’s vehicle, asked her if she had his wallet. Kathleen DeRosa, who was in the back seat, began to answer, but George told her to “shut up.” James DeRosa asked her where she kept the insurance and registration information, but George repeatedly told her to “shut up,” prompting her to comment on George’s community service skills. George contended she also told him: “I hope you feel good about yourself” and “Is this what you pull people over for in this town?” He told her she could be arrested if she kept obstructing his investigation. George handed DeRosa a ticket, DeRosa signed it and drove off. George activated his lights and pursued them, prompting Kathleen DeRosa to call 911 to say they were afraid, on a dark road and would pull over at a gas station two miles away. She asked that they send other deputies. George radioed Orcutt, telling him about the pursuit. When the truck stopped, deputies were waiting. With his Taser drawn, George ordered James DeRosa out of the truck. He was “thrown against the patrol car, cuffed and placed in a police vehicle with the windows up, the air conditioning off, and the engine running.” George grabbed Kathleen DeRosa. She was “dragged from the vehicle by her shirt, shoved against the police car hood with her bra exposed” and then placed in another patrol car. Mary DeRosa was arrested after George said she tried to prevent deputies from having the vehicle towed. Louis DeRosa refused to give George the keys, but wasn’t arrested after he began complaining of chest pains and was taken to a hospital. Taken from:
Posted on: Thu, 19 Sep 2013 19:38:24 +0000
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