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Do I have grounds to sue for False Imprisonment?
Anonymous2 views5 answers
I was pepper sprayed by an off duty Orlando police officer for failing to obey a "lawful command" to stop walking in the street. The pepper spray was allowed to stay on my face for over 30 minutes until I was received at the prison. As a result, I now have persistent eczema and a large permanent bruise on my chest. The charge was resisting an officer without violence. The state deemed the case "not suitable for trial". Do I have grounds to sue?
You should direct this to a Florida persdnal injury or civil rights attorney. generally the police can only use the amount of force that is considered 'reasonable' for the situation. Whether a jury will agree or disagree is impossible to predict, but perhaps a lawyer will be willing to file a claim for you.
You need to contact a personal injury lawyer in Florida to determine whether you have a case. It is unlikely you have a cause of action for false imprisonment.
If the charges against you were dismissed in your favor, you may have grounds for a false arrest/false imprisonment claim. This issue that will arise are probable cause and/or qualified immunity. Also, if you were not resisting or combative with the officer, you may also have a claim for excessive force for the pepper spray. Allowing it to remain on your face may rise to the level of deliberate indifference and you could pursue a claim for denial of medical attention. These claims can be brought in Federal Court under Section 1983 or even state court. I agree with the other attorneys that you will want to find an attorney that practices Civil Rights in Florida. You might also have some state claims as well. One issue you might run into is scope of employment. The answer to that issue will depend on whether the officer was "off duty" and acting on his own behalf or was he using his police powers and acting within the scope of his employment as a police officer. You should move fast because each state has statue of limitations for filing claims against police officers and municipalities. Good luck.
