11th Circuit Reinstates Dead Prisoner's Assault Lawsuit Against Miami
Judge Beverly Martin reversed District Court Judge Ursula Ungaro of the Southern District of Florida in denying the revival of the lawsuit by an estate representative after the prisoner died.
January 02, 2018 at 02:33 PM
2 minute read
The U.S. Court of Appeals for the 11th Circuit in Atlanta has reinstated a lawsuit against Miami corrections officials for the severe beating of an arrestee.
In an opinion released Friday, Judge Beverly Martin reversed U.S. District Judge Ursula Ungaro of the Southern District of Florida, who declined to revive the lawsuit. The suit is being prosecuted by an estate representative after the prisoner, Gustavo Adolfo Lizarazo, died.
Judges Adalberto Jordan and Robin Rosenbaum joined in the opinion.
Martin parsed rules and deadlines over the 10-page opinion, looking at delays caused by the time it took to secure a death certificate and schedule a hearing in probate court to secure appointment and documents for a personal representative of the estate. Martin concluded the district judge could extend the time for the estate representative to revive the lawsuit under the “excusable neglect” test.
The winning lawyers are with Murray Morin & Herman in Tampa: Nathan Wheat, Jennifer Clark and Tamara Jordan. They could not be reached.
On the losing side is the Miami-Dade Corrections and Rehabilitation Department and several of its employees. They are represented by the Miami-Dade County Attorney's Office: Daija Lifshitz and Erica Zaron. Zaron said they typically do not comment on pending litigation.
Lizarazo was arrested on June 8, 2012. “While he was detained, Mr. Lizarazo alleges that a number of officers 'repeatedly kicked, struck, and punched' him in the face and abdomen, resulting in a fractured right orbital socket and exploded orbital floor,” Martin wrote. He filed suit in 2016 not only against the officers he said attacked him but also against the county and the director of the corrections department.
But later in 2016, Lizarazo died, for reasons the opinion does not make clear. His father, Gustavo Antonio Lizarazo, has renewed the lawsuit as personal representative of the estate.
“Mr. Lizarazo says the District Court was wrong in finding his motions untimely,” Martin said. “After careful review, we reverse and remand for further proceedings.”
The case is Lizarazo v. Miami-Dade Corrections and Rehabilitation Department, No. 17-12280.
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