Bradenton Beach Police Chief Sam Speciale and his department want a federal court judge to dismiss a suit alleging that a former officer violated the rights of two people arrested in an incident at Coquina Beach in 2008.
The suit was filed at the Manatee County Judicial Center by a Tampa attorney representing siblings Veronica and Lance Lewis, who were arrested April 20, 2008, by then BBPD Officer Tim Matthews.
But BBPD has asked that the suit be moved to federal court since the complaint alleges a violation of U.S. constitutional rights.
And recent motions filed with the federal court in Tampa by the defendants — Speciale, BBPD and Matthews, now a Palmetto police officer — suggest the first action by a federal court judge should be dismissal of the case.
City attorney Gregg Hootman’s motions for the dismissal of the complaint against Speciale and BBPD state that neither is “proper party to this action.”
The motion for dismissal on behalf of Matthews, recently filed by Dunedin attorney James Yacavone, makes three basic arguments:
• The Lewises failed to “allege that Matthews acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property.”
• The claim of emotional distress should be dismissed because the plaintiffs failed “to allege that their physical injuries were caused by psychological trauma.”
• The intentional infliction of emotional distress claim should be dismissed because the plaintiffs failed “to allege sufficiently outrageous conduct on the part of Matthews.”
The motion also states that the complaint “is so ambiguous that Matthews cannot frame a responsive pleading.”
The complaint, filed by Tampa attorney Alex V. Hajaistron, alleges that Matthews violated the Fourth Amendment rights of the siblings when he arrested them on charges of battery on a law enforcement officer.
The incident, according to court documents and police reports, escalated after Lance Lewis, then 14, blew a kiss toward Matthews, who was in his patrol car.
After seeing the blown kiss, Matthews stopped and approached the Lewis siblings.
“Without probable cause or reasonable suspicion of criminal activity for an investigation or arrest, Officer Matthews jumped on Lance Lewis, thereby taking him by force, injuring the juvenile and cuffing him. Lance Lewis had a cast on his arm when Officer Matthews affected the arrest,” the complaint states.
The complaint continues, “Without probable cause or reasonable suspicion of criminal activity for an investigation or arrest, Officer Matthews further pushed Veronica Lewis to the ground, cuffed, arrested and charged her with battery on a law enforcement officer as she attempted to ascertain why Officer Matthews was battering and arresting her brother.”
A police affidavit filed by Matthews provides a different account of the incident. The officer maintains he asked Lance Lewis if he “had a problem” after he saw the youth blow him kiss.
Lance Lewis allegedly replied, “I don’t have a problem” and then used a racial slur. He also allegedly told the officer, “(expletive deleted) you,” in the presence of a number of children, according to the police report.
According to the report, when Matthews attempted to arrest Lance Lewis, Veronica Lewis pushed the officer and Lance Lewis kicked him.
In a 2008 hearing for Veronica Lewis, Circuit Court Judge Diana Mooreland dismissed a charge of battery on a law enforcement officer.
Also in 2008, Lance Lewis appeared before Judge Marc Gilner on charges of disorderly conduct and battery against an officer and was acquitted.