Gregory A. Samms, Esq.
225 Alcazar Avenue
Coral Gables, FL. 33134
(786) 271-1037
sammslaw@gmail.com
Education:
University of Miami School of Law, J.D. 1984.
Lawyer of the Americas, International Law Review.
Business Manager;Responsible for obtaining advertising and support for the law review (First African American to ever be invited to a law review at the University of Miami School of Law).
Honor Council.
Responsible for hearing violations of the University of Miami Honor Code.
Certified Legal Intern- Public Defenders Office Miami-Dade County.
As a third year law student practiced in court with attorney supervision. Handled daily calendars and tried felony matters with supervision.
Columbia University, B.A. 1981.
Dean’s List Student
Full Academic Scholarship Recipient
Vice President Beta Theta Pi Fraternity
All Ivy Wrestler Columbia University Wrestling Team
Teaching Lectures:
2006 ACLU of Florida's Lawyer Conference. Topic: Excessive Force.
A primer on the necessity of selecting the right type of case to litigate in light of the numerous obstacles to success created by immunity issues and interlocutory appeals.
2005 ACLU of Florida's Lawyer Conference. Topic: A Primer on the Intersection of Criminal Law and Police Misconduct.
Exploration of the relationship of improper arrests and excessive force in criminal cases with 1983 litigation. Discussion of particular strategies in litigating the criminal case in preparation for federal civil actions after success in the criminal forum.
2004 ACLU of Florida's Lawyer Conference. Topic: Real Life 1983 Litigation.
Exploration of what real life problems practitioners face when undertaking 1983 litigation from witness difficulties, client expectations, appellate delays, district court and appellate court pitfalls.
2003 ACLU of Florida's Lawyer Conference. Topic: Issues for Civil Rights Litigation in Florida.
A primer on the different issues that can lead to 1983 litigation such as improper searches, denial of First Amendment rights, improper detentions, police animal searches and bites and excessive force.
University of Miami Law School, Professor Donald Jones panel on Police Misconduct 2000.
A live panel presentation including police officers, media and legal practitioners presenting differing views on police misconduct and their relation to caselaw. A review of internal affairs investigations and the effectiveness of civilian review.
Legal Experience:
The Law Offices of Gregory A. Samms, P.A. 1990-Present
Established a solo litigation practice that engages in civil and criminal litigation.
Have litigated fifty six jury trials and an untold number of bench trials over the course of a twenty-two year litigation career.
Federal Civil Rights Practice: emphasis on police misconduct litigation.
(See also important civil rights litigation cases below).
Cooperating attorney with the ACLU on multiple '1983 matters.
Of counsel with Patino & Associates, Coral Gables, Florida, on a '1983 civil rights and wrongful death claim.
Tort Practice:
Plaintiff’s personal injury litigation.
Tort defense cases Virgin Islands. Main client Pueblo, a grocery store chain in the Caribbean.
Criminal Defense Practice:
Felony and misdemeanor jury trials, including capital cases.
Probate & Guardianship:
Clients include juveniles and adult incapacitate persons.
Sports Representation
Former National Football League Contract Advisor representing athletes in contract negotiations with NFL
teams.
Civil Rights Cases: The following is a listing of important civil rights and police misconduct 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. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
Lieberman, Kobrin, Burke, Pathman & Samms 1988-1989
Partner in charge of all criminal litigation.
Law Offices of Bennett H. Brummer Public Defender 1984-1988
Assistant public defender in Miami-Dade County, Florida.
Traffic Division: litigated jury and bench DUI trials.
Juvenile Division: litigated trials involving felonies and misdemeanors.
Felony Division: litigated felony jury trials including robbery, drug charges, thefts and burglaries. Won the last seven consecutive jury trials prior to leaving the office to begin private practice.
Media Appearances:
Press Conference 2006. (Rada v. Miami Dade County).
In conjunction with Patino & Associates I announced the onset of federal litigation against Miami-Dade County, former police Director Carlos Alvarez and individual officers for the shooting death of Cesar Rada, a mentally ill college student who was shot multiple times by a Miami-Dade police officer.
Press Conference 2006. (Battiste v. City of Miami).
In conjunction with the ACLU I announced the onset of federal litigation against the City of Miami, Broward County, Police Chief John Timoney of the City of Miami, Police Chief Ken Jenne of the Broward Sheriffs Office and individual officers and supervisory officers that arrested peaceful protesters during the FTAA trade talks in the City of Miami.
Press Conference 2006. (Duff v. City of Miami).
In conjunction with the ACLU I announced the successful settlement of Duff v. City of Miami concluding the Federal lawsuit which led to systemic changes in the training of police officers in their encounters with the mentally ill. Richard Beatty was a Vietnam war veteran who was shot multiple times by City of Miami Police. This suit led to the adoption of Crisis Intervention Team training for the force which ended years of deadly force against the mentally ill.
News Appearance 2006. (Rada v. Miami Dade County).
WPLG news Miami. Gave television commentary on the shooting of a mentally ill man by police and discussed the advantages of Crisis Intervention Team training being implemented by police forces.
Press Conference 2005. (Dukes v. Miami-Dade County).
Announced the onset of litigation against Miami-Dade County, Police Director of the Miami-Dade Police Department Carlos Alvarez and the individual officers involved in the shooting of Theodore Dukes. Demonstrated for the media with photographic evidence the impropriety of the police actions which led to the unconstitutional shooting of Mr. Dukes.
Boards And Committees:
Nuisance Abatement Board of Miami-Dade County
Appointed to the Board in 1993 by then County Commissioner Charles Dusseau. Subsequently reappointed as a member of the board on two subsequent occasions in 1995 by then commissioner Arthur Teele, Jr., in 1997 by then commissioner Barbara Carey-Schuler, and finally by Commissioner Audrey M. Edmonson in 2006. Elected chairperson of the board in 1997 and still currently hold that position. The board is quasi-judicial in nature being charged by Miami-Dade County Ordinance with the abatement of nuisances that occur in unincorporated Miami-Dade County.
Circuit Court Conflict Screening Committee 11th Judicial Circuit.
Appointed by the Chief Judge of the Eleventh Judicial Circuit to be one of the lawyers that reviews applications of attorneys that wish to be considered for appointment by the court to criminal cases that are conflicted out by the public defenders office. The committee also reviews complaints by judges and others of allegedly unqualified lawyers who may have committed acts which could result in their removal from the list of approved lawyers. All lawyers who wish to accept court appointed work must be approved by this committee.
Florida Bar Grievance Committee 11A
Served a three year term and was elevated to vice chair. The grievance committee heard and investigated claims of ethical violations allegedly committed by lawyers. The committee investigated and heard testimony and evidence of ethical violations. The committee also had the power to dismiss the matters or certify a finding of an ethical violation and recommend sanctions.
James E. Scott Community Association
Elected as a member of the board in 1994. The James E. Scott Community Association is the largest non-profit social service agency in the inner city community and serves a host of social needs. The association has support programs for the elderly, runs a school for at risk youth, has an early childhood development program and programs that house and assist the homeless among others. Received the award for board member of the year in 2005.
Bar Associations:
Black Lawyers Association (Currently know as the Wilkie D. Ferguson Bar Association)
Served two terms as president from 1990-1992. Led the association through the Lozano Riots, appeared on news programs urging calm throughout the community. Did television presentations of the daily events of the Lozano trial for the community. Subsequently successfully intervened in the Lozano criminal trial on behalf of the victims’ family members, using a state constitutional provision which required that family members be apprised in criminal actions of all important developments. The trial court’s granting of this motion was the only time in legal history that private citizens successfully intervened in a criminal action. Also held press conferences regarding the interdiction of Haitian refugees that were fleeing a corrupt regime in their homeland. Established teaching projects in inner city schools. Spearheaded an adoption project in local churches which led to receiving the Dade County Bar Associations President’s Award.
National Lawyers Guild.
Member of the National Lawyers Guild Police Accountability Project where members discuss and are kept abreast on new and breaking issues in the police misconduct field. Undersigned counsel has attended three seminars given by the National Lawyers Guild on police misconduct. The first was held at Howard University in 2001. The second at the University of Pennsylvania in 2002. The most recent was at Suffolk University in 2005, entitled Advanced Police Misconduct Litigation.
Bar Memberships:
Florida Bar 1984.
Virgin Islands 2006.
The United States Supreme Court.
United States Court of Appeals for the 11th Judicial Circuit.
United States District Court Southern District of Florida.
United States District Court Southern District of Florida Trial Bar.
United States District Court of the Virgin Islands.
References:
Professor Marvin Jones
University of Miami School of Law
1311 Miller Drive, G470
Coral Gables, FL 33146
(305)-284-6314
H.T. Smith, Esq.
Adjunct Professor of Law
Florida International University
University Park Campus
Rafael Diaz-Balart Hall, Suite 1055
Miami, FL 33199
(305)-324-1845
Randall C. Marshall
Legal Director
ACLU of Florida
4500 Biscayne Boulevard, Suite 340
Miami, FL 33137
(786)-363-2700
Honorable Marcia Cooke
Federal District Court Judge
Southern District of Florida
301 North Miami Avenue
Miami, Fl 33128
(305)-523-5150
Honorable Arthur Rothenberg
Miami-Dade County Circuit Court Judge
73 West Flagler Street
Miami, FL 33128
(305)-349-7117
Honorable Gisela Cardonne
Miami-Dade County Circuit Court Judge
73 West Flagler Street
Miami, FL 33128
305-349-7024
Bennett H. Brummer
Public Defender 11th Judicial Circuit
1320 N.W. 14th Street
Miami, FL 33125
305-545-1600