Orlando Police Officer Broke Elderly Man’s Neck

The Orlando Sentinel recently reported that 84-year-old Daniel Daley, Jr. sustained a broken neck after an altercation with Orlando Police Officer Travis Lamont.  The altercation apparently arose when Daley was having a confrontation with Lamont about his car being towed.  However, the stories differ as to how this confrontation resulted in an 84-year-old veteran sustaining a broken neck.

An eyewitness to the incident said that Daley hit the ground head first, and that Daley was not aggressive or threatening, but simply tapped Lamont’s shoulder and was reaching for Lamont’s shoulder for balance.  However, the police and one witness say that Daley did threaten Lamont.

Lamont described the incident as one where Daley had been drinking and proceeded to slap Lamont on the shoulder.  Lamont also provided that he did tell Daley to stop, but that Daley continued and “cocked his right hand back as if to throw a punch.”  Even so, many are questioning whether the 84-year-old’s actions called for the amount of force Lamont unleashed upon him.

Attorney Mark NeJame represents Daley and stated that “if a law officer violated the law, then he should be held to the same standard as everyone else.”  Apparently, Lamont  has been investigated by the internal-affairs division on three occasions, while Daley has never had legal trouble.

What types of remedies are available from a civil aspect?  As many people know, civil suits involving officer brutality can be difficult.   Not only do issues arise as to whether or not the force used by the police was excessive under the circumstances, but government entities, including the police, are protected by sovereign immunity. This means that damages available to those wrongfully injured are limited.  As a result, it is crucial that your attorney knows how to deal with the legal barriers to officer brutality cases.  Although difficult, it is possible in Florida that the use of excessive forced by a police officer may render his employer liable for his intentional torts, since his actions may be within the scope of employment even though they were unauthorized.  Additional causes of action may also be available under Federal Law.  Contact the attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation if you encounter an incident of officer brutality.

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