Police Misconduct

Gary Kollin, P.A.

gary-kollin-smallGary Kollin is a sole practitioner in a boutique law firm concentrating in criminal defense and civil rights litigation. He has represented clients in the state and federal courts charged with crimes ranging from petit theft to first degree murder including federal charges of drug trafficking and continuing criminal enterprises. Gary Kollin represents clients in the state and federal appeal courts and argued the case of Smith v. United States, 508 U.S. 223 (1993), before the United States Supreme Court.

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You can truly grieve for every officer who’s been lost in the line of duty in this country, and still be troubled by cases of police overreach. Those two ideas are not mutually exclusive. You can have great regard for law enforcement and still want them to be held to high standards.

John Stewart

Gary Kollin seeks justice for the unfortunate who suffered police misconduct. Here is a list of some of the cases handled by the firm.

  • Civil Rights Violations
  • Constitutional Rights Violations
  • Excessive Force
  • False Arrests
  • False Imprisonment
  • Forfeitures
  • Illegal Searches
  • Police Brutality
  • Police Shooting and Killing
  • Section 1983 Cases
  • Tasering
  • Unlawful Detentions

RESULTS IN POLICE MISCONDUCT CASES

BROWARD SHERIFF PAID $350,000 SETTLEMENT FOR FALSE ARREST AND POLICE BRUTALITY INVOLVING THE USE OF A TASER AFTER THE PLAINTIFFS WERE FOUND NOT GUILTY

Jorge Rodriguez and Maria Rentel v. The Sheriff of Broward County; 11-61776-civ-WJZ

After a nine day federal civil rights trial, Broward Sheriff Scott Israel settled a police brutality civil rights lawsuit for $350,000. Husband and wife, Jorge Rodriguez and Maria Rentel, were celebrating at a party for Jorge’s birthday and Christmas. Deputies came to the residence for a noise disturbance complaint.

Instead of addressing the noise issue, the deputies assaulted and battered Jorge, throwing him across the Chatahoochee pool deck and tasering him. The deputies arrested him for battery on a law enforcement officer and resisting arrest with violence. Maria was also arrested and charged with resisting arrest without violence.

After a four day criminal trial where Gary Kollin also represented him, a jury declared Jorge not guilty on all charges. He walked out of the courtroom vindicated as an innocent and free man. (Case no. 09-22178CF10A)

Maria also went to trial and she was also found not guilty. She too walked out of the courtroom vindicated as an innocent and free woman. Gary Kollin also represented her. (Case no. 09-2804MM10A)

After their acquittals, they filed a federal civil rights suit. Jorge sued for false arrest, being battered by the deputies with excessive force, and malicious prosecution. Maria sued for false arrest and malicious prosecution.

After a 9 day trial, the Sheriff paid $350,000.

CITY OF FT. LAUDERDALE PAID OVER $3,000 A MINUTE FOR ILLEGALLY DETAINING A MAN

Jeffrey Dowling v. City of Ft. Lauderdale;12-civ-60774-JIC

The City of Ft. Lauderdale paid Jeffrey Dowling $62,500 for holding him in handcuffs for 20 minutes.

Jeff Dowling and his girlfriend went to their favorite convenience store to purchase their weekly lottery tickets. After they parked their car, they walked through the parking lot and observed a Ft. Lauderdale Police Officer detaining a man in a van. They went inside.

While Jeff was watching through the windows, his girlfriend went to the line to buy the tickets. Suddenly, a Ft. Lauderdale narcotics detective rolled up, jumped out of his car and came into the store. He grabbed Jeff and handcuffed him. The cop took Jeff outside and held him in handcuffs for 20 minutes. Jeff was then unhandcuffed and released

Jeff filed suit in federal court charging violation of his civil rights and false arrest. Even though Jeff was held in custody for only 20 minutes, the City paid $62,500 (over $3,000 a minute) to settle the case.

CITY OF PORT ST. LUCIE PAID $70,000 FOR AN ILLEGAL ARREST

Christopher Cruz v. City of Port St. Lucie; 13-14145-civ-DLG

The City of Port St. Lucie paid Chris $70,000 to settle his false arrest and civil rights suit when the City had illegally arrested him for aggravated assault on a law enforcement officer. Cruz had driven past a Port St. Lucie police car and made a left hand turn behind the car. As Chris turned behind the car, the police officer backed up his car smashing it into Chris’ truck. The police officer arrested Chris for causing the crash and charged him with aggravated assault.

All the criminal charges were dismissed and Chris then filed suit in federal court for false arrest, civil rights violations, and malicious prosecution. The City settled the case for $70,000.

CITY OF HALLANDALE BEACH PAID $82,500 PLUS COSTS AND ATTORNEY’S FEES TO A MAN FALSELY ARRESTED, PEPPER SPRAYED AND PROSECUTED

Kenneth Salazar v. City of Hallandale Beach; 12-civ-61175-KMW

A federal jury awarded $82,500 to a Broward County school teacher who had been falsely arrested for obstruction without violence, pepper sprayed and prosecuted. Kenneth Salazar was on his way to school when he was pulled over for an alleged traffic violation.

The officer ordered Kenneth out of his car and then claimed Kenneth was making furtive moves so he had to pepper spray him. The officer threw Kenneth to the ground and into bushes.

Gary Kollin represented Kenneth in the state criminal jury trial. After a several day trial, the jury declared Kenneth not guilty. Kenneth left the courtroom a free, innocent and vindicated man. (Case no. 09-28040MM10A)

After his acquittal, Kenneth filed suit in federal court for false arrest malicious prosecution and civil rights violations including excessive force. In addition to the $82,500 verdict, Kenneth was awarded court costs and attorney’s fees.

FEDERAL COURT FINDS THE SHERIFF’S LONGSTANDING POLICY TO HOLD INMATES IN JAIL AFTER THEY WERE FOUND NOT GUILTY WAS IN VIOLATION OF THE CONSTITUTION AND ORDERED THE SHERIFF TO PAY OVER $1,100,000 TO 221 PERSONS IN A CLASS ACTION LAWSUIT

Allan Jones v. The Sheriff of Broward County; 92-civ-61175-WJZ

Allan Jones was acquitted of the crime of Burglary of a Residence While Committing a Battery. That crime is punishable by life imprisonment. Gary Kollin represented Allan in that case and Allan was found not guilty.

Despite being found not guilty, the Sheriff took Allan back to the jail over protests by Gary Kollin. After several hours Allan was released. The Sheriff took Allan back to the jail because of his policy which had existed for decades but no one challenged it until Allan’s case.

Allan filed suit in federal court in a 221 member class action for violating his federal constitutional rights by illegal imprisoning him. Through discovery it was ascertained that there were 220 other persons who were also held illegally in the four years before Allan was unconstitutionally detained. Four years was the maximum period which was permitted in the class action suit.

The federal judge declared the Sheriff’s policy was unconstitutional and illegal. In her ruling, the federal judge prohibited the Sheriff from ever again holding any person in jail after their acquittal unless there was some other legal warrant or hold. In addition, the federal judge ordered the Sheriff to pay over $1,100,000 (one million one thousand dollars) to those 221 persons for holding them illegally for an additional 5 to 10 hours. Each of those persons received 100% of the money they were awarded because the judge ordered the Sheriff to pay the attorney fees.

CHALLENGES TO ADMINISTRATIVE ORDERS ISSUED BY CHIEF JUDGES OF BROWARD AND MIAMI-DADE COUNTIES

In three separate lawsuits Gary Kollin challenged the overbreadth and invalidity of administrative orders issued by the Chief Judges of Broward and Miami-Dade Counties. In two of these cases Kollin utilized provisions in the Florida Rules of Judicial Administration and filed an action in the Florida Supreme Court fighting the administrative orders which deprived the criminally accused of their rights and which hampered the work of criminal defense attorneys. In both cases, the Florida Supreme Court agreed with Kollin that the Chief Judges exceeded their authority. The Florida Supreme Court invalidated and tossed out the administrative orders.

In the third matter, Kollin v. Ader and Person, 591 So.2d 320 (Fla. 3rd DCA 1991), Gary Kollin filed suit against Marshall Ader, the Clerk of the Court of Miami-Dade, and Ralph Person, Administrative Chief Judge of the Criminal Felony Division in Miami-Dade County, arguing that the administrative rules issued by Person violated the rights of the criminally accused to a speedy trial. The Third District Court of Appeal agreed with Kollin and tossed Person’s administrative order.

MAJOR STORE CORPORATION SETTLES CASE FOR ILLEGALLY DETAINING A WOMAN WHEN SHE DID NOT SHOW HER RECEIPT

Anonymous v. Major Store Corporation

Because of the confidential settlement, the identity of the store and the exact amount of the settlement cannot being identified.

A woman went to a major store and purchased groceries. Upon leaving the store, employees at the exit demanded she show her receipt. When she asked if they thought she stole anything, they said no but they still insisted she show the receipt because of store policy.

The woman left the store without showing the receipt. She was righteously upset because the store was insinuating that she stole something. She was detained and arrested by a law enforcement officer working an off-duty detail. After all criminal charges were dismissed, she filed suit against the store.

The woman refused to show her receipt because there was no reasonable ground to believe she stole anything and that no one has to show a receipt upon exiting simply because a store has a policy requiring that it be shown. The store settled the matter and paid the woman. Because of the confidential settlement, neither the identity of the store nor the amount can be disclosed.

TOWN OF DAVIE PAYS $125,000 TO SETTLE CASE OF MAN WHO WAS FALSELY ARRESTED, TASERED AND BITTEN BY A K9

Matthew Lawson v. Town of Davie; 11-civ-61776-JIC

On the night of his prom, a high school senior encountered three Davie Police officers. After he was assaulted by them, he ran to protect himself. A K9 was released and mauled him. He also was tasered.

After the State Attorney declined to file any charges, Matt sued the Town of Davie for civil rights violations, false arrest, illegal tasering and excessive force which included the mauling by the police dog. The Town of Davie paid $125,000 to settle the case.

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The facts of every case are different and unique. Gary Kollin, P.A., cannot make any promises or guarantees to the outcome of your or any particular case. The above posted results should not be relied upon for a guarantee as to your case.