A federal judge has upheld the wrongful death jury verdict against the
Marion County, Fla., Sheriff's Office and its deputies in the shooting
of Joshua Salvato two years ago. The judgment, issued on June 30 by U.S.
District Court Judge William Terrell Hodges, also upholds the jury award
of $2.3 million in restitution to Salvato's family for the death of the
In awarding restitution, the jury on May 30 charged deputies Lauren
Miley with using excessive force and Norman Brown with willingly and
wantonly acting in bad faith by inflicting conscious pain and suffering
on Salvato before he died. The jury further charged that Sheriff Chris
Blair violated department protocol in his failure to investigate the
"We are pleased that Judge Hodges has entered judgment that is in full
agreement with the jury's award and verdict in this tragic case. We hope
that this will send a message that no one - not even law enforcement
officials - are above the law," said plaintiffs' attorney Theodore
Leopold, of Cohen Milstein Sellers & Toll PLLC. Also representing Joshua
Salvato's father, Vincent Salvato, in the civil case are co-counsel
Antonio M. Romanucci of Romanucci & Blandin, LLC, and Janet Varnell of
Varnell & Warwick, P.A.
The federal lawsuit charged that Joshua Salvato, of Summerfield, Fla.,
was deprived of his civil rights as a U.S. citizen under both the
Fourteenth and the Fourth Amendments to the U.S. Constitution. According
to the complaint, on July 6, 2012, Deputy Miley responded to a 911 call
concerning an alleged disturbance along a local highway. Upon finding
Salvato walking along the road, she asked if he was carrying a weapon
and confirmed that the only item in his pockets was a piece of bread.
Despite having n cause to place Salvato under arrest or take him into
custody, Miley called for backup. When Deputy Brown arrived he shoved
Salvato's face onto the ground and the two deputies attempted to
handcuff him, without any justification of a crime being committed.
Salvato escaped from their grasp and was moving away from the deputies
when he was shot and mortally wounded.
Salvato's tragic death was captured by the patrol car's dashboard
camera, a key piece of evidence in the eight-day trial. The footage
established that Miley pulled out her service pistol and opened fire,
shooting Salvato in the abdomen as he was retreating from her. As
Salvato lay face down in the middle of the road bleeding to death,
Deputy Mile handcuffed him and Brown then tasered him 12 consecutive
times over six minutes, prior to Salvato dying of his gunshot wound.
For more information about the lawsuit, civil action No.
5:12-CV-635-OC-10PRL, visit http://www.cohenmilstein.com/cases/336/salvato-v-marion-county-sheriff.
Founded in 1969, Cohen Milstein Sellers & Toll PLLC is a national leader
in plaintiff class action lawsuits and litigation. As one of the premier
firms in the country handling major complex cases, Cohen Milstein,
with 80 attorneys, has offices in Washington, D.C., New York,
Philadelphia, Chicago, and Palm Beach Gardens, Fla. For more
information, visit http://www.cohenmilstein.com
or call (202) 408-4600.
Varnell & Warwick, P.A. is a complex consumer litigation firm that is a
champion of public interest dedicated to protecting people and the
environment; challenge government, corporate and individual wrongdoing;
and increasing access to justice. Located in Lady Lake, Fla. The firm
can be contacted at (352) 753-8600 or through their website www.varnellandwarwick.com.
Romanucci & Blandin, considered one of Illinois' top plaintiff's
personal injury and civil trial practice law firms, represents
individuals and their families in catastrophic personal injury matters,
wrongful death and workers' compensation cases. The firm has won more
than $200 million in verdicts and settlements on behalf of their
clients. Further information is available at www.rblaw.net
or by calling (312) 253-8600.
Editor's Note: Salvato v. Blair Judgment
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