A federal court in Tampa recently dismissed a complaint against Bradenton Beach Police Chief Sam Speciale and his department. The complaint alleged that a former officer violated the rights of two people arrested in an incident at Coquina Beach in 2008.
The court granted multiple motions to dismiss, but allowed the plaintiff’s attorney in the case until April 15 to re-file against former part-time officer Tim Matthews and/or the city.
Matthews, on April 20, 2008, arrested siblings Veronica and Lance Lewis on charges of battery on a law enforcement officer.
The complaint, filed by Tampa attorney Alex V. Hajaistron, alleged that Matthews violated the siblings’ Fourth Amendment rights.
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 stated.
The complaint continued, “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 stated that 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 and supporting witness statements.
According to the report, when Matthews attempted to arrest Lance Lewis, Veronica Lewis pushed the officer and Lance Lewis kicked him.
The court case against Veronica Lewis eventually was dismissed and Lance Lewis was acquitted of disorderly conduct.
More than a year later, the Lewis family sued.
The BBPD, through attorney Greg Hootman, challenged the merits of the suit in motions for dismissal. Matthews’ attorney also filed a motion for dismissal.
The motions argued:
• 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 stated that the complaint “is so ambiguous that Matthews cannot frame a responsive pleading.”