The Miami Police Department (MPD) has a long-standing, widespread policy and practice of targeting community members with unlawful detentions and false arrests as well as a history of failing to hold accountable police officers who violate the law.
MPD officers are accused of unlawful detentions and false arrests three times more often than police officers in New Orleans and sixteen times more often than police officers in New York City.
On December 9, 2017, Miami Police Officer Luis Verne targeted Hannibal Buress, a stand-up comedian and actor, for harassment and arrest after the two men exchanged words. Even though Mr. Buress had not committed any arrestable offense, Officer Verne abused his authority and arrested Mr. Buress in retaliation for Mr. Buress expressing his criticisms of the Miami police officer. Another officer, Elio Villegas, was present the night of Mr. Buress’s false arrest, but failed to intervene.
Unfortunately, Mr. Buress is not the only individual who was targeted by Officer Verne, who has been the subject of multiple investigations relating to use of force and other rights violations.
Even to this date, MPD officials have failed to appropriately discipline Officer Verne. In fact, from 2016 until 2017, 73% of all complaints filed with MPD internal affairs were closed with no finding.
As a direct and proximate result of Officer Verne’s actions, Mr. Buress suffered damages, including pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses. Mr. Buress brought a civil rights lawsuit against Verne and another officer who participated in the unlawful arrest, Elio Villegas. Verne and Villegas asked the trial court to throw out the case on a motion to dismiss. The trial court refused, and Villegas appealed to the Eleventh Circuit. Ultimately, the Eleventh Circuit rejected Villegas’ appeal and affirmed the trial court.
The case is now back in the trial court and moving forward.
UPDATE
On remand, MJC developed extensive evidence of Mr. Buress’s claims in discovery, and Mr. Buress prevailed in large part at summary judgment. Based on the evidence in the record, the district court concluded that a reasonable jury could find for Mr. Buress on his claims against Verne and the City of Miami. That same evidence, moreover, demonstrated that Verne was not entitled to qualified immunity or state-law immunity because a reasonable jury could find that Verne had willfully fabricated the charges against Mr. Buress. The district court granted qualified immunity to Villegas because he arrived after Verne had already falsely arrested Mr. Buress.
Verne appealed to the Eleventh Circuit, and lost. As he did before the district court, Verne pressed a number of baseless theories for why he was justified in arresting Mr. Buress, including a bizarre claim that he believed Mr. Buress had been trying to bribe him when Mr. Buress asked Officer Verne to help him call an Uber after Mr. Buress’s phone died. Without even holding oral argument, the Eleventh Circuit denied Officer Verne’s arguments across the board and remanded the case for trial. When Verne petitioned for rehearing, the Eleventh Circuit denied that, as well.