{"id":14816,"date":"2012-05-28T16:13:10","date_gmt":"2012-05-28T20:13:10","guid":{"rendered":"https:\/\/flsentinel.com\/?p=14816"},"modified":"2012-05-28T16:13:10","modified_gmt":"2012-05-28T20:13:10","slug":"attorney-wins-lawsuit-against-sheriffs-office","status":"publish","type":"post","link":"https:\/\/flsentinel.com\/?p=14816","title":{"rendered":"Attorney Wins Lawsuit Against Sheriff\u2019s Office"},"content":{"rendered":"<p><strong>BY IRIS B. HOLTON<\/strong><br \/>\n<strong> Sentinel City Editor<\/strong><\/p>\n<p>Recently, a Tampa attorney won a Civil Rights lawsuit against a law enforcement agency. The District Court ruled earlier this month that the officers violated his clients Fourth Amendment right.<\/p>\n<p><strong>Attorney J. Jacques Darius<\/strong> said the circumstances that led to the lawsuit took place in Palm Beach County. The case centered around procedures in the Emergency Room and the authority of deputies.<\/p>\n<p><strong>Attorney Darius<\/strong> said his client<strong>, Ms. Marjorie Lachaud-Depalis<\/strong>, was a nurse at the Veteran\u2019s Hospital in West Palm Beach when <strong>Deputy Kenneth Noel<\/strong> approached her about drawing blood from a patient suspected of DUI.<\/p>\n<p>\u201cShe told the deputy that she needed the approval of the Emergency Room physician. But, the deputy told her that she would be arrested if she didn\u2019t comply with his order.\u201d<\/p>\n<p><strong>Attorney Darius<\/strong> said a white nurse had also refused and informed the deputy that was not hospital policy. However, the deputy did not give the white nurse the same command or threaten her with arrest.<\/p>\n<p>He said <strong>Deputy Noel<\/strong> took <strong>Ms. Lachaud-Depalis<\/strong> to the patrol car and detained her until someone drew the blood. He then gave her a summons to appear in court, which is a technical arrest.<\/p>\n<p><strong>Attorney Darius<\/strong> said, \u201cAlthough the case turns on the false arrest issue, it involved other legal issues such as when law enforcement can compel the services of an individual in Florida and federal versus state authority.<\/p>\n<p>\u201cAs a result of the lawsuit, the Sheriff changed its policy of arresting or threatening to arrest ER healthcare professionals for failing to follow a deputy\u2019s orders to draw blood from DUI suspects, and will use EMS or his medical staff to perform this service.\u201d<\/p>\n<p><strong>Attorney Darius<\/strong> said other options were available to the deputy at the time.<\/p>\n<p>He further stated that the case was ironic in the sense that he has defended government agencies and law enforcement officers for several years as a former Florida Assistant Attorney General.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>BY IRIS B. HOLTON Sentinel City Editor Recently, a Tampa attorney won a Civil Rights lawsuit against a law enforcement agency. The District Court ruled earlier this month that the officers violated his clients Fourth Amendment right. Attorney J. Jacques Darius said the circumstances that led to the lawsuit took place in Palm Beach County. [&hellip;]<\/p>\n","protected":false},"author":210,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-14816","post","type-post","status-publish","format-standard","hentry","category-local-news","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts\/14816","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/users\/210"}],"replies":[{"embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14816"}],"version-history":[{"count":0,"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts\/14816\/revisions"}],"wp:attachment":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}