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ACLU Miami Chapter Files Wrongful Death Lawsuit on Behalf of Mentally-Ill Man Killed at the Hands of Miami Police
FOR IMMEDIATE RELEASE
December 27, 2002
CONTACT: Alessandra Soler Meetze, Communications Director, 305-576-2336, ext. 16
MIAMI ?The Miami Chapter of the American Civil Liberties Union of Florida today filed a wrongful death lawsuit against the city of Miami, Police Chief Raul Martinez, and Officer Hector Mendez for civil rights violations stemming from the death of Richard Wayne Beatty, a 55-year-old schizophrenic man who was killed last year by police.
?This is yet another tragic killing at the hands of Miami police,? said ACLU of Florida staff attorney Rosalind Matos, who is serving as co-counsel in the lawsuit along with attorney Gregory Samms. "Beatty suffered from a debilitating mental illness. He should have been apprehended and brought into custody with reasonable care, but instead he paid with his life.?
On June 6, 2001, Beatty was suffering a delusional episode and was allegedly causing a disturbance by using a pocketknife to keep police officers at bay. City of Miami police officers said they tried ?everything in their power? to persuade Beatty to drop the pocketknife. When Beatty allegedly ?lunged? at Officer Mendez, he fired his .40-caliber semi-automatic weapon, firing 17 bullets at Beatty and hitting him 13 times. It all happened before another squad of officers carrying riot shields could have prevented the shots from being fired. The Vietnam War veteran, who lived on the streets, was killed instantly.
The ACLU filed suit in federal court claiming civil rights violations under the U.S. Constitution and the laws of the state of Florida. Specifically, the ACLU is charging officers with wrongful death, assault and battery, and Americans with Disabilities Act (ADA) violations.
The suit also addresses the fact that there were no Crisis Intervention Team (CIT) officers on duty at the time of the incident and none of the officers at the scene of the crime were trained to deal with mentally ill individuals and/or equipped with non-lethal means to subdue the mentally ill. The CIT officers are trained to deal with the mentally ill to prevent injury and potential death to both the police officers and those being arrested.
?City of Miami officers have this shoot-and-ask-questions-later mentality,? Matos added. ?They should be trained to learn how to deal with a crisis involving someone who is mentally ill using counseling and other techniques, especially here in Miami, where Miami police officers often encounter mentally ill individuals on the streets.?
According to the Florida Department of Children and Families, the city of Miami has more mentally disturbed people living on the streets than any city in America. Also, officers with the Miami Police Department were found to be ?some of the most aggressive shooters in the nation,? according to a 2000 Miami Herald investigation.
The case, Kimberly Duff v. City of Miami et al., was filed on behalf of Beatty?s daughter, Kimberly Duff. The case number is: 02-23643-CIV-MARTINEZ.
