Defendant's Attorney: Bruce R. Bogan

Description: Ocala, Florida personal injury lawyer represented Plaintiff, who sued Defendant on a Civil Rights Act (42 U.S.C. 1983) violation theory.


During the early morning hours of November 17, 2016, Plaintiff Alli was working overnight as security at TNT Marine and Creative Auto Boutique, businesses owned by his cousin and located on a shared property. (Alli Dep., Doc. 24-1 at 10-11, 19-20, 24). Before 3:00 a.m. that night, Deputy Green was on patrol with Deputy Young and parked in Montverde Park talking, when Deputy Green noticed a maroon Dodge Durango pulling a white trailer that had no taillights. (Green Dep., Doc. 24-3 at 28). Believing the vehicle to be suspicious, Deputies Green and Young approached the Durango.[2] (Id.). The Durango turned on its headlights and took off, coming within a couple of feet of Deputy Young, nearly hitting him.[3] (Id. at 28-29). Deputy Young used the radio to alert other law enforcement officers about the Durango. (Doc. 24-3 at 15; Vilches Dep., Doc. 24-4 at 17; Walker Dep., Doc. 24-5 at 8). Deputy Green lost sight of the Durango and did not see it again that evening. (Doc. 24-3 at 30). About an hour before Plaintiff's arrest, at around 2:45 a.m., Plaintiff was parked in his car and saw fifteen to eighteen law enforcement vehicles “running sirens” and “flying down” Highway 50 with their lights on, speeding one behind the other, with a sense of urgency. (Doc. 24-1 at 25-27). Down a side street, Johns Lake Street, Plaintiff saw an additional four or five law enforcement vehicles pass him. (Id.).

Deputy Walker spotted the Durango and pursued the vehicle for five to seven minutes, ultimately finding it stopped and with no occupants inside the vehicle; he believed that the suspect had bailed out of the vehicle and had run into the tree line. (Doc. 24-5 at 8-9, 15). The suspect abandoned the Durango a few hundred yards away from the fence surrounding Creative Auto-TNT Marine's location, and he was later apprehended in the subdivision “just north of Deputy Green's incident location.” (Doc. 23-4 at 15; Doc. 24-5 at 11). Although Deputy Walker was following right behind the stolen Durango, and it only took him four to five seconds to approach it once it came to a stop near a “thick brushy wooded area,” he did not know the direction in which the suspect fled on foot at the time, but he believed it was possible the suspect could have made it to the fence line of Creative Auto-TNT Marine and Deputy Green's location.[4] (Doc. 24-5 at 16-17; Doc. 26-1 at 4 (“Subj[ect] bailed on foot. . . somewhere in the woods.”). There was a “cell phone going off just inside the wood[s],” believed to belong to the suspect, as one of the officers on the scene reported. (Doc. 26-1 at 4).

About thirty minutes after Deputy Green first saw the Durango nearly hit Deputy Young, Green arrived at the location near where the driver of the Durango had fled from the vehicle; Green took a perimeter position, although he did not know exactly where the driver had fled. (Doc. 24-3 at 14-16, 30). Deputy Green worked for the Lake County Sheriff's Office but was usually assigned to patrol in the City of Mineola, an area about seven miles away.[5] (Doc. 24-4 at 20). Green had only been on his own for a couple months. (Id. at 21). Typically, deputies are instructed to challenge vehicles inside of a perimeter location because they do not know if the suspects for whom they are looking stole a vehicle or are hiding out in a vehicle that is leaving the area or if they have contacted a vehicle to come get them out of the area where law enforcement is actively looking for them; there is also a greater sense
of urgency when it comes to locating suspects that have “bailed out” of vehicles. (Id. at 21-22).

Deputy Green's perimeter position was located on the west side of Lake Drive, and deputies were attempting to “box in” and find the suspect fleeing from the Durango. (Doc. 24-3 at 13). Deputy Green knew that the Durango and trailer had been stolen, and drugs and a gun had been found when other deputies searched the Durango. (Id. at 12, 33). The nearest officers to Green's location were within “shouting distance,” but he could not see them. (Id. at 30-31). In a dangerous situation, Deputy Green estimated it would have taken “a couple of minutes” for another officer to get to him. (Id. at 31).

Between approximately 3:30 a.m. and 3:45 a.m., Plaintiff was in his vehicle parked at TNT Marine-Creative Auto Boutique's shared location on the outside perimeter of the two fences that surround the three-acre property. (Doc. 24-1 at 2425). He was on the property line, backed up in the middle of the two gates, one in the back and one in the front, in order to let the tow truck drivers in. (Id.). Plaintiff would usually flash his lights at the passing police cars to show he “was alert” and “there for security”; his SUV was “marked” with the logos of his audio company (“Alphard Sound Technology”), but it was not marked as “security.” (Id. at 25, 2728 Doc. 24-2; Doc. 26-3). Plaintiff wore a badge on a lanyard that said private security because he held a private security license from the state of Florida. (Id. at 29).

Plaintiff's license on the lanyard around his neck and his security shirt were covered by a black hoodie that he was wearing because it was cold; therefore, nothing externally visible identified him as a security officer that night. (Id. at 3031; Doc. 24-3 at 38).

Deputy Green was in the patrol car by himself when Plaintiff flashed his lights to acknowledge him. (Doc. 24-1 at 24, 31). Green drove past Plaintiff, then stopped about five or six cars away from him. (Id. at 26). Green exited his car to approach Plaintiff. (Id. at 31). It was dark at that time of night (early morning) and the area where Plaintiff had parked was not well-illuminated because there were no streetlights or business lights on. (Id. at 31-32; Doc. 24-3 at 30; Doc. 24-4 at 18).[6]Deputy Green could not see the inside of Plaintiff's vehicle as he approached from the front and made his way to the driver's door, which had the window rolled down. (Doc. 24-3 at 32). Deputy Green did not know whether the person in Plaintiff's vehicle was the same suspect who had tried to hit a fellow deputy and fled from the Durango, and was then trying to steal another vehicle. (Id. at 12, 16).

Deputy Green pulled his gun from his waist and approached Plaintiff's driver's door with the gun pointed at Plaintiff's vehicle. (Doc. 24-1 at 26). It is undisputed[7] that Green told Plaintiff to exit his vehicle and show his identification. (Id. at 32; Doc. 24-3 at 12, 33; Doc. 24-6).[8] It took Deputy Green about one minute to exit his vehicle and approach Plaintiff's vehicle; he was cursing: “Get the F out of your truck,” keeping the gun pointed at Plaintiff. (Doc. 24-1 at 26, 31-32). After Green told Plaintiff to “get the F out of the vehicle,” he grabbed Plaintiff by the hoodie and tried to pull him out of the SUV. (Id. at 32).[9] Plaintiff cursed at him in response: “I'm F'ing security,” and “I'm on duty for TNT Marine.” (Doc. 24-1 at 33, 35). Green holstered his gun after Plaintiff told him that he was security. (Doc. 24-1 at 35; Doc. 24-3 at 12). Plaintiff kept his hands on the steering wheel up until Green holstered his gun. (Doc. 24-1 at 33; Doc. 24-3 at 12).

It is undisputed that Deputy Green repeatedly told Plaintiff to get out of the vehicle while approaching Plaintiff's SUV. (Doc. 24-1 at 31-32; Doc. 24-3 at 12, 33). Plaintiff was resting his right knee (which had previously suffered an injury years before) on the passenger seat.[10] (Doc. 24-1 at 38). Plaintiff admits that he was
moving around inside the vehicle because he was in the process of lifting his injured right knee with his hands over the console to the driver's cockpit area and onto the floor so he could exit the SUV “right when [Green] laid his hands” on Plaintiff through the window. (Id. at 38-39). Green “didn't give [Plaintiff] a chance. He tried to pull [his] head through . . . the window.” (Id. at 33, 36, 39-40). After Green grabbed Plaintiff through the window, he let go of him. (Id.).[11]

Once Deputy Green holstered his gun, Plaintiff told Green that he was “gonna show him [his security] badge” which was around his neck; Plaintiff moved his hands from the steering wheel to pull his security badge out from under his hoodie to show Green. (Id. at 34-35). Green had not told Plaintiff that he could pull out the badge and had instead told him to get out of the truck. (Id.).

Deputy Green fired his taser, hitting Plaintiff in the left bicep and on the left side of the chest (Doc. 24-1 at 41; Doc. 24-3 at 11; Doc. 24-6 (Arrest Affidavit)). Then Deputy Green pulled Plaintiff out of his vehicle through the door, assisted by two other police officers, one of whom opened the door, while Green pulled Plaintiff
out and put him on the ground. (Doc. 24-1 at 41-42; Doc. 24-3 at 25-26). When Plaintiff was pulled out, he landed on his knee and his stomach. (Doc. 24-1 at 4243). Deputy Green put his knee on Plaintiff's back around the neck and head area to hold Plaintiff down.[12] (Id. at 43). Plaintiff was placed in handcuffs and taken into custody. (Doc. 24-3 at 25-26; Doc. 24-6). After Deputy Green had Plaintiff in his custody, he made a call for emergency medical services, but Plaintiff refused treatment. (Doc. 24-3 at 34). The pain in Plaintiff's knee went away two days after his arrest. (Doc. 24-1 at 44). Plaintiff was treated for infection in the taser sites with some ointment. (Id. at 45).[13]

Plaintiff was charged with Resisting Law Enforcement Officer Without Violence. (Doc. 24-1 at 49-50; Doc. 26-5; Doc. 24-6). On January 10, 2017, the state attorney's office filed a Criminal Information against Plaintiff. (Doc. 26-5). The state attorney's office filed a Nolle Prosequi dropping the charges on February 16, 2017. (Doc. 26-6).

On November 13, 2020, Plaintiff filed suit against Deputy Green in this Court, alleging civil rights violations for false arrest and unreasonable seizure in violation of the Fourth and Fourteenth Amendments (Count I); excessive force (Count II); and malicious prosecution (Count III). (Doc. 1). Plaintiff's state law claims for false imprisonment, battery, and intentional infliction of emotional distress were dismissed without prejudice on November 15, 2021, when the Court declined to exercise jurisdiction over them under 28 U.S.C. § 1367. (See Doc. 19).[14]...

Outcome:
For the reasons explained above, to the extent Deputy Green seeks summary judgment on Plaintiff's claim that Green unreasonably seized him, falsely arrested him, maliciously prosecuted him, or used excessive force in arresting him, Deputy Green is entitled to qualified immunity.

Based on the foregoing, it is ordered as follows:

1. Defendant Robert Green's Motion for Summary Judgment (Doc. 24) is GRANTED.

2. The Clerk is DIRECTED to enter judgment that Plaintiff Mahamoud Alli take nothing on his claims, and Defendant Robert Green is entitled to costs.

3. All pending motions are denied as moot. The Clerk is DIRECTED to close the case.
Alli v. Green (M.D. Fla. 2022)

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