$2.3 Million Jury Verdict in Florida Man’s Fatal Shooting by Deputies

by David Reutter

A Florida federal jury found the Marion County Sheriff’s Office and two of its deputies liable in a civil rights and wrongful death lawsuit.

The suit stemmed from the July 6, 2012 death of 21-year-old Joshua Salvato. He was accosted by Deputy Laurea Miley, who was responding to a vague 911 call about a disturbance. When Miley arrived at scene, she found Salvato walking next to the road near the location of the reported disturbance.

Salvato was not violent, not committing any crimes, and was not a danger to others as he walked down the road. In response to Miley’s question about his recent whereabouts and where he was headed, Salvato tried to walk away. Upon emptying his pockets, he removed only a piece of bread.

After answering Miley’s questions, Salvato tried to continue walking to his grandmother’s house where he was staying, but Miley continued to block his path and ordered him to answer more questions. Without explaining why or placing him under arrest, Miley ordered Salvato to the ground and radioed for backup. Salvato complied with the order.

Deputy Norman Brown responded to the non-emergency backup call. He leapt from his vehicle upon arrival and pushed down hard on Salvato’s back and used excessive force in an attempt to handcuff him. As Miley assisted by forcefully holding Salvato down, he “invoked his right to self-defense” from the excessive force by pushing Miley and punching Brown.

Both Miley and Salvato back away from Brown at the same time. “Without any warning, request, or statement” to Salvato, Miley pulled out her firearm and opened fire on Salvato “shooting him in the abdomen and causing a wound that would kill him in a short period of time.”

Immediately after the shot, Brown shot Salvato with his taser. He pulled the taser trigger a total of eight times while ordering Salvato to lie on his abdomen and place his hands behind his back. He was tasered another four times while on his abdomen and before he was handcuffed.

After the cuffing, neither Miley nor Brown rendered medical aid. Another deputy arrived and put up crime scene tape, not realizing Salvato had been shot. As a result of his injuries, Salvato died just as EMS arrived.

A trial resulted in a May 30, 2014 jury verdict. The verdict found “excessive and objectively unreasonable” force and that the sheriff’s office “ratified and approved the force used… by a failure to investigate the circumstances.”

The jury awarded $1.375 million to Salvato’s father and $880,000 to his mother for the “emotional and mental pain and suffering” from their son’s death. It also awarded $8,014 in funeral expenses.

The jury further found Brown used “excessive and objectively unreasonable force” to cause Salvato pain and suffering before his death, and awarded $18,250 for that harm. It also found Brown acted in “bad faith or with malicious purpose,” but it did not award punitive damages.

The plaintiffs were represented by attorneys Theodore J. Leopold, Brian W. Warrick, Janet R. Varnell, and Antonio M. Romanucci. No criminal charges were brought against Miley and Brown. After return to service, both were placed on jail duty.

See: Salvato v. Blair, USDC, M.D. Florida, Case No 5:12-cv-00635-WTH-PRL.

Additional Source: Ocala.com

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