[Download] "Richards v. Sheriff of Palm Beach County" by District Court of Appeal of the State of Florida Fourth District January Term 2006 " Book PDF Kindle ePub Free
eBook details
- Title: Richards v. Sheriff of Palm Beach County
- Author : District Court of Appeal of the State of Florida Fourth District January Term 2006
- Release Date : January 26, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This case began with the alleged assault of Appellant, Neville Richards, in March of 1999. An undercover police officer with the Palm Beach County Sheriffs Department, Agent Dimarco, was assaulted in a reverse sting operation gone awry, and Palm Beach County deputies established a perimeter to look for the assailant. Although the assailant was allegedly a Hispanic or white male, and Richards is a dark-skinned African-American male, Richards was detained by deputies. After Richards initial detainment, Agent Dimarco arrived at the scene and allegedly indicated that Richards was not his assailant. Despite this, Richards was arrested. Richards was prosecuted for resisting arrest without violence, but the case against him was eventually dropped. In October of 2002, Richards filed a civil complaint against Palm Beach County, alleging (1) false imprisonment; (2) false arrest; and (3) malicious prosecution. On November 19, 2004, the trial court issued a sua sponte order to show cause why the case should not be dismissed for failure to prosecute, pursuant to Florida Rule of Civil Procedure 1.420(e). Richards response requested that the trial court take judicial notice of his attorneys motion to withdraw in May of 2004. The trial court found that Richards had failed to demonstrate good cause and dismissed the case for failure to prosecute, citing Modellista De Europa (Corp.) v. Redpath Ind. Corp., 714 So. 2d 1098 (Fla. 4th DCA 1998). Based on the Florida Supreme Courts decision in Wilson v. Salamon, 2005 WL 2663432 (Fla. Oct. 25, 2005), we reverse and remand.