A Flagler County deputy initially arrested by Ormond Beach police in December for felony fleeing or eluding police, has sued the city and police department.
A copy of the lawsuit obtained by The News-Journal on April 9 shows it was dated April 8 and was filed in the United States District Court Middle District of Florida in Orlando.
At the time of the arrest, the State’s Attorney Office declined to charge Flagler Deputy Ardit Coma.
The suit was filed by Anthony F. Sabatini of Sabatani Law Firm on behalf of Coma, and seeks compensatory damages in an amount to be determined by a trial jury.
Coma is suing the city of Ormond Beach and Sgt. Caleb Braun of the Ormond Beach Police Department.
According to the lawsuit, Coma was unlawfully arrested and falsely accused of “fleeing and eluding.”
Officials with the Ormond Beach Police Department and the city of Ormond Beach did not immediately respond to a News-Journal inquiry seeking comments about the lawsuit.
Late April 9 afternoon, Flagler Sheriff’s Chief of Staff Mark Strobridge, said his agency did not have the information from the lawsuit and referred questions to Coma’s attorney.
“However, the members of the Flagler County Sheriff’s Office have the same ability to seek the same legal remedy as any other citizen,” Strobridge said.
Ormond police: Flagler deputy was going 88 mph in 55 mph zone
According to Ormond Beach police, Braun spotted Coma’s unmarked Ford Taurus on Dec. 4 traveling northbound on U.S. 1 at 88 mph in a 55 mph zone. The sergeant made a U-turn in his marked police SUV and got behind the Taurus at U.S. 1 and Airport Road when it slowed for traffic.
Ormond Beach police said Braun activated his emergency lights and siren, but the Ford did not stop, while other motorists yielded to the police SUV.
The Ford continued north, accelerating around traffic. “It was apparent the vehicle was actively attempting to flee,” police wrote in Coma’s arrest report.
Braun turned off his emergency lights and sirens and stopped the pursuit, but radioed the Ford’s direction to other officers in the area. Another officer advised that the Taurus was traveling about 90 mph.
Another Ormond Beach sergeant deployed stop sticks at North U.S. 1 and Ormond Lakes Boulevard.
The Ford drove around the stop sticks and stopped in the turn lane about 350 feet north of the sticks, the arrest affidavit stated. Police pulled up and ordered Coma out of the car. He complied and was handcuffed.
Coma, who said he did not know he was being followed by police, was charged with felony fleeing or attempting to elude a law enforcement officer.
Lawsuit says Flagler deputy’s Fourth Amendment rights violated
According to the lawsuit filed in federal court, Ormond Beach police violated Coma’s constitutional rights under the Fourth Amendment, which protects against unreasonable seizures, including arrest without probable cause.
The lawsuit argued that Braun falsely accused Coma of “fleeing and eluding” because Braun initiated a traffic stop for a common speeding violation. Instead of conducting a routing traffic stop, Braun, who was frustrated at the distance between Coma’s Ford Taurus and his patrol vehicle, decided to treat the situation as a felony stop for “fleeing and eluding,” the suit said.
Ormond Beach police said Coma stopped 1.9 miles from the point where Braun first spotted him speeding on Dec. 4.
The lawsuit said there was no probable cause showing that Coma “had committed any infraction beyond the minor traffic infraction of speeding.”
The lawsuit said that Braun made the alleged false arrest while working as a police officer for the city of Ormond Beach.
Lawsuit: Ormond Beach had policy that escalated routine traffic stops to felony
The lawsuit said that the city of Ormond Beach, through its police department, maintained a policy, custom, or widespread practice, of permitting officers to improperly escalate routine traffic encounters into felony “fleeing and eluding” arrests in situations where a suspect’s vehicle was at a distance or otherwise difficult to immediately stop due to traffic or roadway conditions.
“The city of Ormond Beach, through its final policymakers and/or longstanding practices, maintained policies, customs, and/or failed to train or supervise officers regarding probably cause determinations for fleeing and eluding, such that deliberate indifference to constitutional rights resulted,” the lawsuit quoted.
Lawsuit: Alleged false arrest caused Flagler deputy significant loss
According to the lawsuit, Coma, who was suspended for two days without pay by the Flagler County Sheriff’s Office, suffered and continues to suffer damages caused by the unlawful arrest.
The lawsuit indicates that the incident caused Coma loss of liberty, emotional distress, anxiety, humiliation, mental anguish, reputational harm, and lost wages. Coma had other economic losses such as paying for bail and an attorney, and other compensatory damages in amounts to be determined by a jury.
“Defendant Sergeant Braun’s conduct was willful, wanton, and in reckless disregard of Plaintiff’s (Coma’s) federally protected rights, entitling (Coma) to punitive damages against him (Braun) in his individual capacity,” the lawsuit concluded.
This article originally appeared on The Daytona Beach News-Journal: Flagler deputy sues Ormond Beach police for alleged unlawful arrest
Reporting by Patricio G. Balona, Daytona Beach News-Journal / The Daytona Beach News-Journal
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