South Miami to pay $90,000 settlement for cops who crashed girl's quinceañera party

@LDixon_3

South Miami has agreed to pay $90,000 to a father who says his daughter’s 15th birthday party was brought to an abrupt end when a police officer handcuffed the dad and put him in the back of a patrol car.

The officer had come to the house in response to complaints about noise, but the charge against Julio Sanchez was later dismissed and he responded to the incident by suing the city for battery, false arrest and civil-rights violations.

The city recently agreed to settle the case after a federal judge decided that a section of the city’s noise law, which provided the original reason for the arrest, was unconstitutionally vague.

The law made any noise illegal if it would “annoy” anyone on a nearby street, sidewalk or adjacent building.

U.S. District Judge Cecilia Altonaga struck down that part of the law in a Nov. 25 opinion.

More here.

Comments

[Insanity]

South miami greyghosts soccer club got away without paying the $50k annual maintenance fees to the city of south miami at south miami park. The south miami park and recreation director and purchasing manager did not get a signature on the south miami greyghosts soccer club lease agreement with the city of south miami. A loss of $50k for the 2012 2013 year and a potential loss of $100k for the remaining 2014 and 2015 years. South miami costing the taxpayer more than property taxes alone. the definition of insanity is doing the same thing over and over again expecting a different results. The south miami soccer program is up for bid for a 3rd time??

[Unpleasant Living]

Typical method of operations by the city of south miami police department in the low income community, then when the same m. o. was used in the affluent community they got nailed for unconstitutionality. There still exists a united states of america outside of the city of south miami. As in the USA SEC ruling, USA IRS ruling, USA FSDC settlement with metro south senior apartments the list goes on and on.
Another loss for the city attorney.

"Approximately one hour after Rodriguez left, South Miami Police Officer Vigil (“Vigil”) arrived at the Sanchez home and ordered the music to be turned off and the party to end. (See id. ¶ 30). Vigil told Sanchez that the music was too loud and in violation of the Noise Ordinance. (See id. ¶ 31). Sanchez explained to Vigil the volume of the music had not changed from the level that Rodriguez had previously approved. (See id. ¶ 32). Vigil arrested Sanchez and charged him with violating the Noise Ordinance. (See id. ¶ 34). In doing so Vigil stated “myself as an officer cannot say what the proper [noise] level is,” and “if somebody calls and complains,
regardless of how loud or not loud it is, it constitutes a violation.” (Id. ¶ 43 (alterations in original and emphasis removed)). The City provides no training or guidelines to its officers as to what constitutes a violation of the Noise Ordinance. (See id. ¶ 44). As a result of Sanchez’s arrest the party ended, and parents were called to pick up their children early. (See id. ¶¶ 49-50). When parents arrived, they found Sanchez handcuffed, sitting
in the back of a South Miami police car. (See id. ¶ 50). A criminal prosecution was instituted against Sanchez in the County Court of Miami-Dade County. (See id. ¶ 51). All charges were dismissed on May 13, 2010. (See id. ¶ 52)." http://fl.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20130422_0000274.SFL.htm/qx