The Plaintiff, Mr. Davis, is seeking a volunteer lawyer to represent him during his upcoming civil rights trial. While incarcerated, Plaintiff filed a pro se 42 U.S.C. § 1983 action against six state correctional officers who allegedly used excessive force against Plaintiff while Plaintiff was an inmate in the South Florida Reception Center.
Plaintiff alleges that he was ordered to the front of the line during a line-up, at which time he was handcuffed. Plaintiff was then escorted outside the housing unit by several correctional officers. Plaintiff claims that once outside, with his hands still cuffed, Officer Dieudonne began to needlessly beat Plaintiff. Plaintiff states that Officer Rios then struck Plaintiff on the head from behind, causing Plaintiff to fall and strike his head on the concrete sidewalk and become unconscious. Once he regained consciousness, Plaintiff alleges that Officers Dieudonne, Rios, Trocine, Brifil, Green, and Pierre struck him with their fists and kicked and stomped on him with their work boots.
Officers Dieudonne and Rios contend that the amount of force used was reasonable under the circumstances. The remaining four officers claim they were not present during the alleged beating. Plaintiff’s undisputed injuries stemming from this incident include bruising and swelling under his right eye, bloody nostrils, abrasions and swelling to his left ear, bruising under his left eye, hematoma above his left eye, and abrasions on his foot and elbow. Plaintiff seeks money damages.
The following claims have survived summary judgment and the case is ready for trial (not yet scheduled):
- 42 U.S.C. § 1983 excessive use of force against Officers Dieudonne, Rios, Trocine, Brifil, Pierre, and Green;
- 42 U.S.C. § 1983 failure to intervene against Officer Trocine;
- State law aggravated assault and aggravated battery against Officers Dieudonne, Rios, Trocine, Brifil, Pierre, and Green; and
- 42 U.S.C. § 1983 supervisor liability against Officer Tricone.
The volunteer representation would entail representing Mr. Davis at a possible supplemental deposition, court-ordered mediation, at trial, and the duties in preparation for trial. Please contact Kathryn Harlan, courtroom deputy to U.S. District Court Judge Ursula Ungaro, by phone at 305-523-5555 or via email (Kathryn_Harlan@flsd.uscourts.gov) if you are interested in representing Mr. Davis.