Btesh v, City of Maitland, et al.

Outcome: Summary judgment in favor of Defendants on all counts.

Description: Client was Defendant, City of Maitland. Plaintiff, a mentally challenged man, was shot 3 times in his own apartment by a Maitland police officer responding to a call of a rape in progress. Plaintiff had physically battered but not raped his caretaker of many years, but due to a language barrier, the caretaker reported the attack as a rape to the 911 operator. Upon encountering the Plaintiff in the apartment the officers ordered him to stop and show his hands but instead, Plaintiff charged toward the officers, locking one of the officers outside of the apartment before charging back towards the officer still inside. Plaintiff refused to obey the officer's repeated commands to stop and show his hands and was shot by the officer. Plaintiff, who survived the shooting, sued for civil rights violations, battery and negligence, seeking over $10 million in damages. Judge Fawsett entered an 83-page order granting summary judgment in favor of Defendants on all counts, including negligence. Affirmed per curiam by 11th Circuit, June 13, 2012.