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Florida Man Wins $253,350 for Unlawful Search and Seizure
Raphael McKinon, a nurse in Sarasota, Florida, refused to allow his estranged, belligerent girlfriend to enter his home to collect her things. She was accompanied by Eric Bolden and Sue Woniya, both Sarasota cops, who arrested McKinon, allegedly pursuant to a statute which entitled Rogers to enter the premises to retrieve her possessions. Bolden and Woniya then allowed Rogers to enter the home, where she removed a number of McKinon's belongings. McKinon sued in federal district court under the 14th Amendment to the U.S. Constitution and 42 U.S.C. § 1983, claiming due process violations.
The jury found that the search of McKinon's home was the proximate cause of his material Loss and mental anguish, and since no statute authorized McKinon's arrest and the search of his home, the same was done without due process of law. Therefore, in 2007 the jury awarded McKinon $151,675 from Bolden: $1,675 for lost property and $150,000 for mental anguish, and $101,675 from Woniya: $1,575 for lost property and $100,000 for mental anguish. The court also awarded $98,456.95 in costs and fees for McKinon's lawyers. See: McKinon v. Bolden, USDC MDFL, Case No. 8:05-cv-1253-T¬26T3M.
The jury found that the search of McKinon's home was the proximate cause of his material Loss and mental anguish, and since no statute authorized McKinon's arrest and the search of his home, the same was done without due process of law. Therefore, in 2007 the jury awarded McKinon $151,675 from Bolden: $1,675 for lost property and $150,000 for mental anguish, and $101,675 from Woniya: $1,575 for lost property and $100,000 for mental anguish. The court also awarded $98,456.95 in costs and fees for McKinon's lawyers. See: McKinon v. Bolden, USDC MDFL, Case No. 8:05-cv-1253-T¬26T3M.
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Related legal case
McKinon v. Bolden
| Year | 2007 |
|---|---|
| Cite | USDC MDFL, Case No. 8:05-cv-1253-T¬26T3M |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 98,456.95 |
| Damages | 253,350.00 |
| Injunction Status | N/A |