COUNTY SUED FOR FALSE ARREST BY SHERIFF’S DEPUTY.
8. At approximately 11:33 am. on October 25, 2014, a complaint was filed at 17162 Toledo Blade Blvd, Port Charlotte, in Charlotte County, Florida, against the Plaintiff for burglary of an unoccupied structure and grand theft of property located at Aggressive Realty.
9. At the time, the Plaintiff was the owner of the business located at the premises where the alleged burglary occurred, and also the owner of the property which was the subject of the alleged theft.
10. Plaintiff was requested to return the property by Deputy Sheriff Steven Stella.
11. Plaintiff was then placed under arrest by Deputy Stella, handcuffed, and transported to the Charlotte County Jail.
12. Plaintiff was detained against her will, and placed into custody without legal authority by an agent or employee of the COUNTY.
13. The criminal charges filed by Deputy Stella were subsequently terminated in Plaintiff‘s favor.
COUNT I — FALSE ARREST
14. Plaintiff repeats the allegations set forth above in paragraphs 1 through 13 as if set forth herein in full.
15. On or about October 25, 2014, Stephen Stella, an agent or employee of the COUNTY, acting in the course and scope of his duty, arrested Plaintiff.
16. The COUNTY’S agent or employee, Stephen Stella, physically restrained Plaintiff in her movements both at the scene of the arrest and continuing at the county jail.
17. Plaintiff did not consent to the aforementioned actions of the COUNTY’S agent and employee and said actions were against her Will.
18. Plaintiff was conscious and aware of the unlawfiil restraint.
19. The restraint of Plaintiff, for which the COUNTY is responsible, was unlawful and unreasonable in that it was not based upon lawfully issued process of Court.
20. As a direct and proximate result of the unlawful restraint, Plaintiff suffered injuries, including pain and suffering, mental anguish, loss of past wages, loss of future wages and earning capacity, inconvenience, loss of capacity for the enjoyment of life; and all the
elements of damages allowed under Florida law. All of these injuries are permanent and continuing in nature.
COUNTY SUED FOR FALSE ARREST BY SHERIFF’S DEPUTY.
8. At approximately 11:33 am. on October 25, 2014, a complaint was filed at 17162 Toledo Blade Blvd, Port Charlotte, in Charlotte County, Florida, against the Plaintiff for burglary of an unoccupied structure and grand theft of property located at Aggressive Realty.
9. At the time, the Plaintiff was the owner of the business located at the premises where the alleged burglary occurred, and also the owner of the property which was the subject of the alleged theft.
10. Plaintiff was requested to return the property by Deputy Sheriff Steven Stella.
11. Plaintiff was then placed under arrest by Deputy Stella, handcuffed, and transported to the Charlotte County Jail.
12. Plaintiff was detained against her will, and placed into custody without legal authority by an agent or employee of the COUNTY.
13. The criminal charges filed by Deputy Stella were subsequently terminated in Plaintiff‘s favor.
COUNT I — FALSE ARREST
14. Plaintiff repeats the allegations set forth above in paragraphs 1 through 13 as if set forth herein in full.
15. On or about October 25, 2014, Stephen Stella, an agent or employee of the COUNTY, acting in the course and scope of his duty, arrested Plaintiff.
16. The COUNTY’S agent or employee, Stephen Stella, physically restrained Plaintiff in her movements both at the scene of the arrest and continuing at the county jail.
17. Plaintiff did not consent to the aforementioned actions of the COUNTY’S agent and employee and said actions were against her Will.
18. Plaintiff was conscious and aware of the unlawfiil restraint.
19. The restraint of Plaintiff, for which the COUNTY is responsible, was unlawful and unreasonable in that it was not based upon lawfully issued process of Court.
20. As a direct and proximate result of the unlawful restraint, Plaintiff suffered injuries, including pain and suffering, mental anguish, loss of past wages, loss of future wages and earning capacity, inconvenience, loss of capacity for the enjoyment of life; and all the
elements of damages allowed under Florida law. All of these injuries are permanent and continuing in nature.
