Verdicts by Attorney: Miller III, Dorcey C.
After a 4 day trial in federal court, the jury returned a verdict of $1.00 on November 10, 2021 in an excessive force matter styled Slayden v. Castro, et al.
Ft. Lauderdale Managing Partner Dorsey Miller and Senior Partner Frank Sato obtained this favorable verdict in the United States District Court for the Southern District of Florida. The Plaintiff, an inmate at the Broward County Main Jail, alleged that he was attacked by two BSO deputies in the early morning hours of August 7, 2018. The Plaintiff claimed that approximately 3 hours before the incident, one of the deputies covered one of two windows on his cell to conceal the attack from the surveillance cameras. Conversely, the Defendant deputies argued that the Plaintiff’s window was covered because he had exposed himself through that window to female officers working in the Control Booth of Plaintiff’s unit on multiple occasions, including the evening before the alleged incident. In retaliation, the Plaintiff attempted to flood his cell with water. After shutting the water off, the officers entered Plaintiff’s cell, at which point they were attacked by the Plaintiff. The officers defended themselves by using strikes and O.C. pepper foam and were ultimately able to subdue Plaintiff and handcuff him. He was then escorted to the vestibule area where he was treated for minor injuries. No other force was used and the deputies were not injured.
The Defendants argued that the force used was not excessive and that they were fully justified in their use of reasonable force based upon BSO policy and procedure and applicable provisions of Florida law. Defendants also argued that any alleged injuries sustained by Plaintiff resulted from his use of violence in resisting the aforementioned lawful actions of the Defendants, and/or from several subsequent altercations in which Plaintiff was involved. Based upon Plaintiff’s testimony on direct examination, the Defendants were able to introduce evidence that Plaintiff had a prior felony conviction for resisting arrest with violence and that he continued to expose himself even after the alleged incident. Defendants also argued that the Plaintiff sustained no permanent injuries as a result of the alleged incident, nor any sequelae from those alleged injuries. After six and a half hours of deliberation, the jury returned a verdict of $1.00. Read more
On August 2, 2018, Fort Lauderdale Managing Partner David Lipkin, Esq. and Senior Partner Dorsey Miller, Esq. obtained a defense verdict in the slip and fall matter styled Maria Cadette v. Defendant Store. Plaintiff, a then 57 year old woman alleged that on 8/31/14 she suffered a trip and fall injury at a Defendant store garden department caused by loose mulch which had spilled from ripped bags onto the floor. In support of her claim she offered several photographs alleged to have been taken shortly after her fall showing mulch on the ground. Defendant Store denied it was negligent and noted that plaintiff’s fall was not caused by the mulch on the ground, but by plaintiff simply attempting to lift an entire bag of mulch by herself without assistance as plaintiff admitted on cross examination that the fall occurred as she attempted to lift a bag of that was stacked on a pallet at nose level. Read More
Dorsey Miller, Esq. obtained a voluntary dismissal in the Premises Liability matter styled Coral v. BodyTek Fitness. Plaintiff fell and broke her arm while performing the “box jump” at Defendant’s gym. Plaintiff signed a waiver giving up her right to sue and Defense filed an MSJ based on that waiver. Read More
Fort Lauderdale Senior Partner Dorsey Miller, Esq. prevailed on a Motion for Summary Judgment in Joseph vs. Broward County Sheriff's Office and Israel. Plaintiff brought a 6-Count Complaint against BSO for fraud, breach of fiduciary duty, breach of public trust, preparing a false police report, violation of Plaintiff’s rights under section 1983 and negligent supervision. Plaintiff claimed BSO failed to properly document an incident involving him and a third party at a dog park, which prevented him from obtaining benefits from the Florida Crime Victims’ Fund for his injuries. Read More
Fort Lauderdale Junior Partner Dorsey Miller received a defense verdict in Civil Rights matter styled Joe Mathis v. Det. Erick Quigley and Det. Justin Augustus. Plaintiff claimed that he was beaten by two BSO Officers, Deputy Quigley and Deputy Augustus, resulting in a broken nose. According to the BSO Event Report, Mr. Mathis was the subject of a “buy-bust” operation in Pompano Beach. During that operation, an undercover officer brokered an illegal narcotics transaction with Plaintiff, after which BSO deputies moved in to arrest him. Plaintiff fled to a nearby apartment located at 1565 NW 14th Circle and locked the door behind him. After initially ignoring several verbal commands to open the door, he finally relented, at which point Deputies Quigley and Augustus entered the apartment and attempted to place him under arrest. A scuffle ensued and Deputy Quigley attempted a knee strike to the Plaintiff’s abdomen to gain control over him, but wound up striking him in the face. Plaintiff then ceased resisting arrest and was taken into custody. Plaintiff alleged a violation of his right to be free from excessive force under the Fourth Amendment. Defendants denied all allegations and claimed qualified immunity. After a 2-day jury trial, a directed verdict was granted in favor of Det. Augustus and a defense verdict was entered in favor of Det. Quigley after 10 minutes of deliberation. Read more