September 29, 2010
ORLANDO, Fla. -- All criminal charges have been dropped against an 84-year-old man whose neck was broken when he was thrown down by an Orlando police officer.
Daniel Daley's lawyer wants the grand jury to investigate the officer and he's going to sue police for as much as he can.
"We will be seeking the absolute maximum damages under the law and for every claim of action the law permits," Attorney Mark NeJame said during Wednesday's press conference.
NeJame told WFTV on Wednesday that, in addition to the neck brace supporting Daley's broken neck, a steel plate has been implanted to hold his head in place; Daley still might not make it.
With Daley's son at his side, NeJame came out swinging, saying Orlando Officer Travis Lamont is the only one who says Daley got physically aggressive with him, because all other eyewitnesses who came to the news conference said Daley did not.
"Mr. Daley was tossed high in the air and came crashing down on his neck and head with such violence and force that his neck was snapped and broken," NeJame said Wednesday.
NeJame wants the state attorney to take Officer Lamont's actions to a grand jury for criminal investigation.
"The actions taken by Officer Lamont were illegal, unjustified, constituted police brutality," he said.
The Orlando officer said the 84-year-old drew back his fist and that's when he took Daley down and arrested him.
"To be cuffed the way that he was, arms snapped behind him with the knee in the back, and then sat up Indian-style with his head hanging down, I will never lose that image," eyewitness Sean Hill said.
Police say Daley was drunk, with a blood-alcohol-level of .18, more than twice the legal driving limit. But Daley's attorney says police had no right to that medical information, because Daley wasn't driving, so he's also planning to sue Orlando police for invasion of privacy and slander.
Daley's family is devastated.
"To see him like that. Are you kidding me? I had to leave early the other night, because he's gagging for breath," Daley's son, Greg, said.
The state attorney said it has no plans to take the case to a grand jury and there will be no consideration of criminal charges against Officer Lamont for what happened unless a law enforcement agency investigates and sends a case to prosecutors.
The maximum Daley can sue for might be just $100,000 if the suit is taken to state court. There is a $100,000 cap on lawsuits against government agencies, unless the state legislature approves an exception.
But if the lawsuit is filed in federal court, the caps don't apply. A federal lawsuit against the Orange County jail, involving an inmate who died because the jail did not provide her methadone, brought a $3 million settlement from the jail.
URL: http://www.wftv.com/news/25206879/detail.html
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