Miami Jury Issues Defense Verdict in False Arrest Case

On December 20, 1997, a motor vehicle accident occurred at the intersection of Bayshore Drive and S.W. 17th Street in Miami, Florida. The driver of the other vehicle involved testified that the plaintiff was yelling, cursing, and making threats. Responding police officers, one of whom required a Spanish interpreter due to the plaintiff's language, were called to the scene. Following a verbal exchange, an officer deployed pepper spray against the plaintiff, who subsequently suffered a myocardial infarction due to a pre-existing heart condition. The officers testified that the force was used because the plaintiff was attempting to physically confront the other driver.

The plaintiff filed a lawsuit against the defendant, alleging false arrest and battery. Expert testimony presented for the plaintiff included a use-of-force specialist and a cardiologist. An initial trial concerning the incident in May 2001 resulted in a mistrial. In a subsequent proceeding, a jury found in favor of the defendant on the false arrest claim. A motion for a new trial was pending at the time of the report.