Notable Cases

The following is a listing of improtant civil rights, police misconduct and criminal cases that have been litigated or are currently being litigated by Gregory A. Samms P.A.

A.  United States District Court Southern District of Florida, Cesar Rada v. Miami-Dade County et al.  05-CIV-23136-GRAHAM. 

This is a Federal action where a Miami-Dade Officer shot and killed an unarmed mentally ill man in front of his family.  The County is being sued under theories of municipal liability, while the individual police officer is being sued for excessive force under 42 U.S.C. '1983. The case is being litigated in my of counsel capacity with the law firm of Patino & Associates. Responsible for all the federal strategy on the claims against the county and the individual officer. This case settled for six figures.

B. United States District Court Southern District of Florida, Lorne Battiste et al.v. Broward Sheriff Kenneth C. Jenne, II et al. 05-22970 CIV-HUCK.

This is a federal action where Broward Sheriff Officers under the direction of the City of Miami Police Department arrested peaceful protesters during the FTAA free trade summit.  The plaintiffs are AFL/CIO union members who were exercising their First Amendment right to protest and were arrested by police, charged with crimes and prosecuted.  The suit alleges failure to train against the City of Miami, supervisory liability against Chief of Police for the city of Miami John Timoney and  42 U.S.C. '1983 conspiracy claims against the individual officers among others.  This case is being litigated by Gregory A. Samms P.A. as co-counsel to the ACLU and attorney Ray Tasiff.

C.  United States District Court Southern District of Florida, Theodore Dukes et.al. v. Miami-Dade County et. al.  05-22665-CIV-HUCK.      

This is a Federal action where two black males and a white female were stopped by Miami-Dade County Police for having a tag not assigned.  After the stop, police officers wound up shooting the driver of the vehicle and committing excessive force against the occupants.  Allegations include municipal liability against Miami-Dade County for failure to train and having unconstitutional practices and customs within the robbery interdiction unit of the police department in violation of 42 U.S.C. ' 1983.  In addition, the complaint includes individual claims of excessive force and conspiracy against the individual officers involved.  Litigating this case as lead counsel and cooperating attorney with the ACLU.  This case is currently ongoing.

D.   In the Circuit Court of The Eleventh Judicial Circuit In And For Miami-Dade County, Florida. State of Florida v. Quintel Williams. Case No. F07-21399   

The defendant was charged with carrying a concealed firearm.  Attorney Samms, after investigation  of the case, believed that the search was unconstitutional due to an illegal search by police of the defendant’s vehicle.  A Motion To Suppress Physical Evidence was filed and granted by the court.  All charges were dismissed against the defendant without the necessity of trial.

E.  United States District Court, Southern District of Florida, Kimberly Duff v.City of Miami.  Case No. 02-23643-CIV-COOKE. 

This is an action which alleged violations of Federal Constitutional rights under 42 U.S.C. ' 1983.  Mr. Richard Beatty was a mentally disturbed Vietnam war veteran who was shot 14 times by  City of Miami Police officers.  Undersigned was the lead counsel and cooperating attorney with the ACLU.  This action ended favorably with a $400,000 settlement on behalf of the surviving daughter of the decedent.  As a result of this lawsuit, the City of Miami adopted CIT, (Crisis Intervention Team), training for their police force.  Since the City adopted the training, the rash of killings of the mentally ill that preceded Mr. Beatty=s death by City of Miami Police officers has ended.  

F.  United States District Court, Southern District of Florida,  B.P. and J.F. v. Miami Dade County et al.  Case No. 01-4628-CIV-JORDAN. 

The case alleged civil rights violations against a Miami Dade County police officer under 42 U.S.C ' 1983 for excessive force and an unconstitutional arrest, along with state tort violations, committed against two black youths.   The individual officer wrongfully used excessive force against one of the youths then improperly arrested the youths to cover up his illicit conduct.  The case was settled favorably on behalf of the plaintiffs.

G.   United States District Court, Southern District of Florida,  Frank Triola v. City of Miami Beach et. al.  Case No. 01-1800-CIV-GRAHAM.

This case involved a homosexual white male who was physically assaulted and battered by City of Miami Beach Police Officers. The officers while committing the excessive force made derogatory remarks regarding the plaintiff=s sexual orientation and the fact that he was a public defender.  The complaint alleged municipal liability and individual liability under 42 USC ' 1983.  The case ended favorably for plaintiff with a monetary settlement.

H.  United States District Court, Southern District of Florida, Sylvester Davis v. City of Fort Pierce, et. al.  Case No. 00-14126-CIV-PAINE.

This action alleged unconstitutional policies and customs against the Fort Pierce police department.  Multiple customs were attacked.  The department had a custom of arresting  black citizens who were on public sidewalks for trespassing. The department also manually gouged subjects in the eyes with O.C. spray without training and in derogation of proper protocol for the use of O.C. spray.  Finally, the department did not adequately investigate complaints of excessive force which led to improper actions of individual police officers being conducted with impunity.  This case was tried to verdict and the jury found the City of Fort Pierce liable for unconstitutional customs and practices and awarded damages to Plaintiff. As a result of the lawsuit the Fort Pierce Police Department no longer forces black citizens to move from public sidewalks under threat of arrest.  The practice of gouging subjects with O.C. spray in the eyes has also ceased.

I.  In the Circuit Court of The Eleventh Judicial Circuit In And For Miami-Dade County, Florida.  James Williams, Jarnac F. Williams, and Mark Hurt v. City of Miami Beach et al.  Case No.  98-18405 CA04. 

This is an action where three black males were physically assaulted by City of Miami Beach Police Officers while standing outside of a restaurant on Miami Beach.  The three men were inappropriately pepper sprayed, beaten and arrested without probable cause.  The complaint alleged allegations of assault, battery and false imprisonment for each of the named plaintiffs. The case was settled favorably on behalf of plaintiffs.                  

J.   United States District Court, Northern District of Florida.   Roosevelt Anderson v. City of Tallahassee at el.  Case NO.4:99CV256-RJ.

This case involved an 81 year old black male who was physically assaulted by a City of Tallahassee police officer.  The complaint alleged municipal and individual liability under 42 U.S.C. ' 1983, as well as state torts against the individual officer.  The case was settled favorably on behalf of plaintiff.

K.  United States District Court, Southern District of Florida.  Steven Jacob Cook v. City of Miami Beach et al.  98-318-0-CIV-DAVIS. 

This case alleged excessive force against the City of Miami Beach and individual police officers for the shooting of  Plaintiff, Steven Jacob Cook.  Undersigned Counsel was hired as a legal consultant for the firm of Heise, Markarian who were counsels for the plaintiff.  Undersigned counsel was paid to review the case and assist the firm, which was not experienced in police misconduct  litigation in bringing the case to settlement or trial.  The case was settled favorably on behalf of plaintiff.

L. United States District Court, Southern District of Florida.  Case of Christiana Brown v. City of Miami Beach et al. 94-0544-CIV-HIGHSMITH.

This case involved two City of Miami Beach Police Officers who physically assaulted an African American woman who they arrested for disorderly conduct.  Allegations included counts of violations of civil rights laws pursuant to 42 USC ' 1983 on an individual and municipal basis. The case was settled favorably on behalf of plaintiff.