[h=2]Smith & Florida Carry v. Deputy Cox et al[/h]
FEDERAL SUIT FILED OVER DEPUTY TIRADE AND ILLEGAL ARREST OF GUN OWNER DEPICTED IN VIRAL VIDEOToday Florida Carry has filed a federal complaint alleging deprivation of civil rights under color of law with the United States District Court for the Middle District of Florida over an incident which was captured on dashcam video, which subsequently went viral on the internet.
In July of 2009, Citrus County resident Joel Smith and his wife were detained at a traffic stop for non-criminal traffic code violation. During the stop, Mr. Smith exited his vehicle to speak with Citrus County deputy Andy Cox, who asked Mr. Smith for proof of insurance for the vehicle. Mr. Smith turned with his back toward the officer and leaned into the vehicle to retrieve the document at which time his lawfully carried and holstered firearm peeked out from under his shirt.
Upon seeing the tip of Smith's holster, Deputy Cox immediately launched into an unwarranted verbal assault on Mr. Smith, first asking why he was carrying a firearm. Within seconds, the officer drew his own firearm and pointed it at the befuddled Mr. Smith, threatening to shoot him "in the (expletive deleted) back" if he didn't immediately put his hands on the vehicle. Mr. Smith offered no resistance, complying fully with the officer's orders, and informing the officer that he was a lawfully licensed concealed carrier. Ignoring Mr. Smith's statement, Deputy Cox continued shouting at Mr. Smith, ordering him face down on the ground and cuffing him. Mr. Smith was arrested and charged with open carry of a firearm, a misdemeanor violation of Florida Statutes, however charges were later dropped. A complaint was filed with the Citrus County Sheriff's Department against Deputy Cox, however due to a technicality, the complaint was dismissed and no disciplinary action against the deputy was taken.
Florida Carry consulting attorney J. Patrick Buckley III who is also representing Mr. Smith in the case summed up the case:
"Improper law enforcement training coupled with an emotional overreaction is detrimental to the civil rights of Floridians. When a Constitutional officer then delays the resulting internal investigation to permit the untrained officer to walk away without so much as a slap on the wrist, it illustrates a systematic absence of accountability in those we trust to protect us."
Joining Mr. Smith as plaintiff, Florida Carry is representing its membership and millions of Florida gun owners in the lawsuit. Named as defendants are Deputy Andy Cox, Sergeant Dave Fields, Sheriff Jeffrey Dawsy, and Citrus County. The plaintiffs are represented by the Law Offices of J. Patrick Buckley III, located in Fort Myers, FL.
The dashcam video can be viewed on YouTube
The case docket is available by clicking HERE
FEDERAL SUIT FILED OVER DEPUTY TIRADE AND ILLEGAL ARREST OF GUN OWNER DEPICTED IN VIRAL VIDEO
In July of 2009, Citrus County resident Joel Smith and his wife were detained at a traffic stop for non-criminal traffic code violation. During the stop, Mr. Smith exited his vehicle to speak with Citrus County deputy Andy Cox, who asked Mr. Smith for proof of insurance for the vehicle. Mr. Smith turned with his back toward the officer and leaned into the vehicle to retrieve the document at which time his lawfully carried and holstered firearm peeked out from under his shirt.
Upon seeing the tip of Smith's holster, Deputy Cox immediately launched into an unwarranted verbal assault on Mr. Smith, first asking why he was carrying a firearm. Within seconds, the officer drew his own firearm and pointed it at the befuddled Mr. Smith, threatening to shoot him "in the (expletive deleted) back" if he didn't immediately put his hands on the vehicle. Mr. Smith offered no resistance, complying fully with the officer's orders, and informing the officer that he was a lawfully licensed concealed carrier. Ignoring Mr. Smith's statement, Deputy Cox continued shouting at Mr. Smith, ordering him face down on the ground and cuffing him. Mr. Smith was arrested and charged with open carry of a firearm, a misdemeanor violation of Florida Statutes, however charges were later dropped. A complaint was filed with the Citrus County Sheriff's Department against Deputy Cox, however due to a technicality, the complaint was dismissed and no disciplinary action against the deputy was taken.
Florida Carry consulting attorney J. Patrick Buckley III who is also representing Mr. Smith in the case summed up the case:
"Improper law enforcement training coupled with an emotional overreaction is detrimental to the civil rights of Floridians. When a Constitutional officer then delays the resulting internal investigation to permit the untrained officer to walk away without so much as a slap on the wrist, it illustrates a systematic absence of accountability in those we trust to protect us."
Joining Mr. Smith as plaintiff, Florida Carry is representing its membership and millions of Florida gun owners in the lawsuit. Named as defendants are Deputy Andy Cox, Sergeant Dave Fields, Sheriff Jeffrey Dawsy, and Citrus County. The plaintiffs are represented by the Law Offices of J. Patrick Buckley III, located in Fort Myers, FL.
The dashcam video can be viewed on YouTube
The case docket is available by clicking HERE
