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Eric Spalding BSO Complaint

Eric Spalding BSO Complaint

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Published by Stefan Kamph

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Published by: Stefan Kamph on Aug 28, 2012
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08/28/2012

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAFORT LAUDERDALE DIVISIONCase No.:ERIC J. SPALDING,))Plaintiff,))v.))ANDREW TAYLOR, individually,)JUAN L. HERNANDEZ, individually,)MARC SOTO, individually, and)ALFRED T. LAMBERTI, as SHERIFF)of BROWARD COUNTY, Florida,))Defendants.))
COMPLAINT
1.This is a civil action seeking money damages in excess of $15,000 dollars,exclusive of costs, interest, and attorney’s fees, against Defendant ANDREW TAYLOR,individually, Defendant JUAN L. HERNANDEZ, individually, Defendant MARC SOTO,individually, and Defendant ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY,Florida.2.This action is brought pursuant to 42 U.S.C. § 1983 and § 1988, and theFourth and Fourteenth Amendments to the United States Constitution. The United States DistrictCourt for the Southern District of Florida has jurisdiction of this action under 42 U.S.C. § 1983, 28U.S.C. § 1331, and 28 U.S.C. § 1343. Plaintiff further invokes the supplemental jurisdiction of theUnited States District Court to hear pendant State tort claims arising under State law, pursuant to 28U.S.C. § 1367(a).
Case 0:12-cv-61651-RSR Document 1 Entered on FLSD Docket 08/23/2012 Page 1 of 31
 
3.Plaintiff ERIC J. SPALDING has served notice upon Defendant ALFRED T.LAMBERTI, as SHERIFF of BROWARD COUNTY, Florida, and Jeff Atwater, as Chief FinancialOfficer, Florida Department of Financial Services, pursuant to §768.28 of the Florida Statutes.
PARTIES
4.Plaintiff ERIC J. SPALDING is a resident of Broward County, State of Florida.5.At all times referred to herein, Defendant ANDREW TAYLOR [hereinafter Defendant RODRIGUEZ] was acting under color of law as a deputy sheriff for ALFRED T.LAMBERTI, as SHERIFF of BROWARD COUNTY, Florida, and in such capacity as an agent,servant, and employee of ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY,Florida.6.At all times referred to herein, Defendant JUAN L. HERNANDEZ[hereinafter Defendant HERNANDEZ] was acting under color of law as a deputy sheriff for ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY, Florida, and in such capacity asan agent, servant, and employee of ALFRED T. LAMBERTI, as SHERIFF of BROWARDCOUNTY, Florida.7.At all times referred to herein, Defendant MARC SOTO [hereinafter Defendant SOTO] was acting under color of law as a deputy sheriff for ALFRED T. LAMBERTI,as SHERIFF of BROWARD COUNTY, Florida, and in such capacity as an agent, servant, andemployee of ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY, Florida.8.Defendant ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY,Florida, is the Sheriff of Broward County, Florida [hereinafter Defendant ALFRED T. LAMBERTI,as SHERIFF OF BROWARD COUNTY, Florida, or Defendant BROWARD SHERIFF’S OFFICE],
Case 0:12-cv-61651-RSR Document 1 Entered on FLSD Docket 08/23/2012 Page 2 of 31
 
as organized and existing under the Constitution and laws of the State of Florida. In this cause,Defendant ALFRED T. LAMBERTI, as SHERIFF of BROWARD COUNTY, Florida, acted throughits agents, employees, and servants, including Defendant TAYLOR, Defendant HERNANDEZ,Defendant SOTO, and others.9.Plaintiff sues Defendant TAYLOR, Defendant HERNANDEZ, and DefendantSOTO in their individual capacities.
FACTS
10.On Saturday, February 20, 2010, Plaintiff, age 39, and his wife, AlejandraSpalding, invited several guests to their residence located at 11302 Roundelay Road, Cooper City,Broward County, Florida, to celebrate the engagement of Johnny Regis to Diana Regis. The guestsincluded Jon Onaindia and his girlfriend, Sandra Carolina Alarcon, an attorney (in her nativeColombia). Plaintiff, Onaindia, and Johnny Regis were all co-workers at BellSouth (now AT&T).11.Several other couples were also invited, including Eduardo and Jenny Ibarra,and Carlos and Lina Marquez. Plaintiff’s brother Todd, and Rodrigo Castro, a police officer for theCity of Sunrise and the recipient of their Officer of the Month Award for July 2009, also attended.12.Guests began arriving around 9:00 p.m., and socialized both inside Plaintiff’sresidence and a screened enclosure in the back-yard.13.Shortly after the arrival of guests at Plaintiff’s residence, the BrowardSheriff’s Office received an anonymous noise complaint.14.At all times material hereto, Plaintiff’s residence was located in a zero-lot linetownhouse community. There was a history of acrimony between Plaintiff’s family and one of their neighbors. Based on information and belief, the anonymous noise complaint was made by Plaintiff’sneighbor.
Case 0:12-cv-61651-RSR Document 1 Entered on FLSD Docket 08/23/2012 Page 3 of 31

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