Jafet Castro-Reyes v. City of Opa-Locka, et al.

Miami, Florida, crivil rights lawyers represented the Plaintiff on excessive for claims under 42 U.S.C. 1983.

Plaintiff-Appellee Jafet Castro-Reyes experienced an episode
of erratic behavior at his apartment in Opa-Locka, Florida. During
that episode, Castro-Reyes’s friend and family members became so
concerned with his behavior that they tied Castro-Reyes up at his
hands and feet using electrical wires and clothing cords. They
called 911, and police responded and detained Castro-Reyes under
Florida’s Baker Act, Fla. Stat. §§ 399.451, 394.463(1).

While attempting to handcuff Castro-Reyes, a struggle
allegedly ensued, and the officers tased, punched, and dragged him.
After his release from the hospital, Castro-Reyes brought this
action against the City of Opa-Locka and Defendant-Appellant
Officers German Bosque, Daniel Kelly, Luis Serrano, and Sergio
Perez individually. His complaint raised multiple claims under
42 U.S.C. § 1983 and Florida law.

The Officers moved for summary judgment on qualified
immunity and state agent immunity grounds, which the district
court granted in part and denied in part. The district court allowed
these claims, inter alia, to proceed to trial: (1) a false arrest claim
brought under § 1983 against Officers Bosque and Kelly; (2) an
excessive force claim brought under § 1983 against Officers Serrano and Perez; and (3) an assault and battery claim under Florida law
against Officers Serrano and Perez. This is the Officers’ appeal.

After careful review, and with the benefit of oral argument,
we (1) reverse the district court’s denial of qualified immunity to
Officers Bosque and Kelly as to the false arrest claim under § 1983;
(2) affirm the district court’s denial of qualified immunity to
Officers Serrano and Perez as to the excessive force claim under
§ 1983; (3) affirm the district court’s denial of state agent immunity
to Officers Serrano and Perez as to the assault and battery claim
under Florida law; and (4) remand for further proceedings
consistent with this opinion.