DIANA PERCIVAL,
Plaintiff,
v. Case No: 8:23-cv-01243-KKM-UAM
SHERIFF CHAD CHRONISTER,
in his official capacity,
DEPUTY MARCOS PERERA,
in his individual capacity,
DEPUTY JORDAN BRIZENDINE,
in his individual capacity,
DAVID LEDUC, and
ALARM MONITORING & SERVICE
Diana Percival once data David Leduc. He never lived with her, never had a key to her house. After they break up he wants to come to her place to retrieve some of his belongings he left in her house. He shows up one night and brings Deputy Perera. Leduc rings the doorbell and asks to come inside to "get his stuff" and she tells him now is not the time. Leduc forces his way inside and Perera follows. Percival and Leduc start arguing about this and she demands they leave her property. Leduc tells Perera that he DID live there and he wants his things back. Percival demands that the deputy show her a warrant to remain inside the house and the deputy tells her that "once inside he doesn't need a warrant". They argue more and eventually go outside but do not leave. Then Deputy Brizendine shows up and again all 3 men try to enter the house. During this time Percival tries to dial 911 to get help... a supervisor or someone. They eventually push there way inside where Leduc starts loading a box with "his stuff" while the deputies corner percival in a room in her house. She can see Leduc take her checkbook and other items that belong to her and objects to the deputies to look at what he is stealing. They do not. After Leduc leaves with his box she screams at the deputies to leave... but instead one deputy does a flying tackle and both throw her to the ground hitting her head on the tile floor and then sit on her as they arrest her for "assualt on an officer" and (the kicker) misuse of the 911 system. She ends up with numerous injuries including bleeding from her rectum and a possible broken arm and shoulder and loss of feeling on one side of her body. She ends up in jail and has to post a large bond to be released the next day. Eventually the DA drops the criminal charges ( except for the improper use of 911 ), and she files the civil suit.
The judge ( remind me to NEVER EVER visit Floriduh ) dismisses most of the lawsuit against the Deputies and the Sheriff mostly on technicalities about when the charges were filed and that there was something wrong with telling the whole story in the lawsuit and the damages sought be her were "out of line" for the injuries suffered. I'm not a lawyer, I don't know the case law that the judge cited in the rulings... but the whole thing just pisses me off.
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