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Rush v. CityLAWRENCE I. BASS JOHN J. BULFIN CHARLES R. CRISPELL JOSEPH R. FIELDS, JR. KAY S. HOFF ROBERT D. MOSES KENNETH M. RUBIN JOHN P. WIEDERHOLD LAW OFFICES WIEDERHOLD, MOSES & BULFIN PROFESSIONAL ASSOCIATION P. O. BOX 3918 COMEAU BUILDING • SUITE 700 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33402 September 14, 1989 Ms. Amy L. Malzahn Claims Examiner Scottsdale Insurance Company Post Office Box C -4120 Scottsdale, Arizona 85261 TELEPHONE (407) 659-2296 BROWARD TELEPHONE (305) 763-5630 FAX (407) 659-2865 Re: Claim No. : ,&09955, -46 Insured :(City of Okeechobee Police Dept. Claimant : `-Lester Rush D /Loss 7/19/87 Dear Ms. Malzahn: Enclosed find a copy of a letter I recently received from Brian Hartman, Assistant Chief of Police in Roseto, Pennsylvania. As you can see the files in Roseto show that Mr. Rush was entered in their books as a missing person, and not as a wanted person. It seems that something must have gotten mixed up in translation of the message from Roseto to Okeechobee. By copy of this letter to the Okeechobee Police Department I am asking for their help in straightening this out. I will keep you advised. Very truly yours, WIEDERHOLD, MOSES & BULFIN, P. A. By JJB /ad 1782/603 cc: John R. Cook, Esquire John Drago, City Adm. Chief Mobley enclosure John J. Bulfin CHARLES C. ANGELINI Mayor POLICE DEPARTMENT Borough of Roseto Roseto, Pennsylvania 18013 John J. Bulfin, Esq. Wiederhold, Moses & Bulfin, P.A. 319 Clematis Street, Suite 700 W. Palm Baech, Florida 33L01 Thomas Cuono IZEMEMVIEMI Chief 01 Police Sept. g, 19$9 Dear Mr. Bulfin: As per our phone conversation, please find enclosed a copy of the FBI /NCIC Off Line Search. This search clearly shows that Mr. Rush was entered by our officer as a Missing Person (DISA) and not as a Wanted Person. If I can be of any further assistance to you, please feel free to contact the at any time. Vert/ truly yours, Brian C. Hartman. Asst. Chief of Police • r Roseto Police Dept. Roseto, Pa. A Ii r jr 0 h.* ■14 M E 0 10 kto ,..11 • X 'T) L.1.3 3• 0 47. r...) , 0 0 ro r- LA rrl r+J Irn a 1— • 4.7) 2/1 b rrl A • • • x.; b • r— r- at • • • 0 ■D 1 Ai II 0 ' i .0 O , 0, . , t , . . . , . 17 00Z18 ZE6Zy£Z1 s.4 6ZO1WB dWXIOII '00ZZ9 'iOVd *WX' el' I iE • N • 0 r14.7 4 Pj LAWRENCE 1. BASS JOHN J. BULFIN CHARLES R. CRISPELL JOSEPH R. FIELDS, JR. KAY S. HOFF ROBERT D, MOSES KENNETH M. RUBIN JOHN P. WIEDERHOLD LAW OFFICES WIEDERHOLD, MOSES & BULFIN PROFESSIONAL ASSOCIATION P. 0. BOX 3918 COMEAU BUILDING • SUITE 700 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33402 November 21, 1988 John Drago, City Administrator City Hall 55 SE Third Avenue Okeechobee, Florida 34974 Re: Rush v. City of Okeechobee Dear Mr. Drago: Please be advised that this office has been retained by your insurance carrier to represent you in connection with the above captioned lawsuit. During the pendency of this litigation, it is frequently necessary to contact you for information; therefore, it is _quested that you keep us adviGeu should you move or have occasion to be out of town for an xtended period of time. If any information comes to your attention which you feel would be helpful in defending this matter, please contact us immediately or, in the alternative, contact a representative of your insurance company. Should this case proceed to trial, it will be necessary for you to appear and to testify. Failure to do so would result in a breach of your insurance contract. It is essential that you do not discuss this matter with anyone other than a member of this law firm or a representative of your insurance company. Please refer anyone who may contact you to this office. If you have any 4ustions or wish to discuss this matter more detail, please feel free to contact me. Very truly yours, WIEDER OLD, MOSES & BULFIN, P.A. By :/ Joh JJB /ad 172R/603 enclosure CERTIFIED MAIL RETURN RECEIPT REQUESTED ad/1782/603 IN THE UNITED STATES DISTRICT COURT IV FOR THE SOUTHERN DISTRICT OF PL0 IDA'` LESTER RUSH, Plaintiff, VS. CASE NO.: 4$ -11187 CIV. -$LOCK CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida, WILLIAM J. SAUM, and K.M. REEVES, Defendants. DEFENDANTS' ANSWER PLAINTIFF 4 COME NOW, the Defendants, CITY 0! SAUM, and K. M. REEVES, and file thi> pE follows: 1. Denied. 2. Denied for lack of knowledge. 3. Admitted. 4. Denied for lack Of-knowledge. 5. Denied for lack of knowledge. 6. Denied. 7. Denied. 8. Denied. 9. Denied. on 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Denied. 22. Denied. 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. 31. Denied. 32. Denied. 33. Denied. 34. Denied. WZGLIGINCX -2- 18 U.S.C.A. Sec..242 - NOTION TO DMI1 The Plaintiffs have failed to state a Cause o `. Chapter 18 U.S.C.A. Sec. 242 because there are n4! .. ga.. which would bring this claim under that dtatu U.S.C.A. Sec. 242 deals with deprivation of right of being an alien, or by reason of colet or ra been alleged that the Plaintiff is an alien -or.t deprived of his civil rights due to lhis therefore, the cause of action under Chapter 18 U. must fail. action under acts alleged Chapter 18 414n the die fk: It has t he has been or r+oe, .A. Se .. 442 FIRST AFFIRM ?IVt MOM That the doctrine of comparative negligence action and the Plaintiff should be precluded lies to this from reoovey according to any negligence that a jury may assign:,;, him. SECOND AFFIU U r That at all times material hereto, the P1 ;a tiff wss the recipient of personal injury protection benefit and benefits from other collateral sources. These# Defendants entitled to a setoff or reduction in the *Mount rendered against them. THIRD k?FIR ?TYR tU That at all times material the Definedaaii act cause and without unreasonable force in thersf{ !, any verdict with probable rrest on the ludadOitAlrow the Plaintiff and, therefore, the Plaintiff is recovery against these Defendants. FOU 1 That whatever force may have boon -3- the eMlgito ' in arresting the Plaintiff, said force was reasonable and necessary and was provoked by the actions of the Plaintiff. Therefore, the Plaintiff is precluded from recovery against these Qefendants. WHEREFORE, it is requested that this Court dismiss the action based upon Chapter 18 U.S.C.A. Sec. 242 with prejudice and a jury trial is hereby demanded on all other allegations. I HEREBY CERTIFY that a true copy of the foreOeing has been furnished by Mail, this 21st day of November, 1910 to =OBOE OLLINGER, ESQUIRE, 1627 U.S. Highwaj One, Sebastian Suites 915, Sebastian, Florida 32958. WIEDERHOLD, MOSIS 4 111141PIN, P.A. Suite 700, Caftan twilling 319 Clematis (:rest Post Office SOO 3910 West Palm Boma, 71 33402 (407)6594 290 Orem )763 -3630 Attorneys for , CITY OP 0014CMOSPw. SA0111 AND,8 By -4- 4114: ad/17A2/603 IN THE UNITED STATES DISTRICT COURT, FOR THE SOUTHERN DISTRICT OF FLORIDA :' • LESTER RUSH, Plaintiff, VS. CASA NO.: ii,-141471 CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida, WILLIAM J. SAUM, and K.M. REEVES, Defendants. MEMORANDUM OF LAW IN SUP CLAIM UNDER T • r COME NOW the Defendants and move this dismissing the Plaintiffs' claim wider 242, and state as follows: 1) Chapter 18 U.S.C.A. Sec. 242 "Deprivation of rights under Whoever, under color of Auteimg. _ or custom, sub'eetS State, Territory, or Distrift tO rights, privileges, or ismila by the Consiitutioo or la different punishments, pai of such inhabitant being an color, or race, than are • of citizens, shall be fined not more than 41,000 or R7. imprisoned not more than one year, or both, and if death results shall be subject to imprisonment for any term of years or for life." This Statute clearly requires that a person . depE his rights on account of being an alien or by rea of hi, or race. There are no allegations in the= At Plaintiff was an alien or that he was beim04 because of color or race. 2) Chapter 8 U.S.C.A. Sec. 1101 follows: "The term "alien" weans any per national of the United States.* Although this definition is not con definition of alien conta... in r $ persuasive. 3) In order to state a cause of a � Clajrara-f e U.S.C.A. Sec. 242, the Plaintiff must pl Oa I i discriminated against because he was an'alt color or race. Because these alley+atiogr have the cause of action under Chapter to U.S.C' and this Court should dismiss the alai* vi WHEREFORE, the Defendants request thatliis Order granting the Defendants' Notion to Stella& it pertains to the claim umisr ChOpterili .C.A. I HEREBY CERTIFY that a true pop* of'64, fo nq furnished to GEORGE OLLINGER, ESQUIRE, 1427 U.S. 'nights -2-- Sebastian Suites, Suites, #15, Sebastian, Florida 3295 by Nail, this 21st day of November, 1988. WIZOIRMOLD, Suite 700, 31, ciemiatie Post Orrice west Nal (407)45,42 Attorney* f 01(220101$811. fb. AO`44OE U`(ev. 5/85) Summons in a Civil Action ti`e Pnittr SOUTHERN LFSTER RUSH, Plaintiff, v. M VI N WALDR[lN CERTIFIED PROCESS SERVER 19th JUDICIAL CIRCUIT tat.ee 3trirt Qd' '' DISTRICT OF FLORIDA CITY OF OKEECHOBEE, a political subdivision of the State of Florida; WILLIAM J. SAUM: and K.M. REEVES; Defendants, TO: (Name and Address of Defendant) K.M. REEVES By Serving: At SUMMONS IN A CIVIL ACTION CASE NUMBER: 8 8 - 1418 7 CIV -ZLOCH CHIEF MOBLEY Liason Officer of the City of Okeechobee Police Dept. 55 S.E. 3rd Avenue Okeechobee, Florida 34974 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY (name and address) GEORGE OLLINGER, ESQ. 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ROBERT M. MARCH ;LEAK DATE 7 iY DEPUTY CLERK OCT 2 5 1988 AO 440 (Rev. 5/85) Summons in a Civil Action RETURN OF SERVICE Service of the Summons and Complaint was made by mei DATE NAME OF SERVER TITLE Check one box below to indicate appropriate method of service El Served personally upon the defendant. Place where scrveri : C) Left copies thereof at the defendant's dwelling house or usual discretion then residing therein. } Name of person with whom the summons and complaint O Returned unexecuted: place of abode with a person of suitable age and were left El Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER ■ I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server • , 1) As to who may serve a summons sre mule 4 of the Feder of Civil Procedure. S`i4AI_nr"t3Ns .: ✓ r.:.- ;;(ItfU PROCESS SERVER i';m JUOICIAL CIRCUIT SERVED ON/ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. 88 - 14187 CIVIL CIV -ZLOCH CASE NO: LESTER RUSH, Plaintiff, v. CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; Defendants, COMPLAINT JUDGE: <-, DIV.: DOCKET NO: r., 7 Plaintiff, TESTER RUSH, by and through his undersigned attorney, sues the Defendants, CITY OF OKEECHOBEE, Florida, a politicial subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; and alleges the following: 1. This is an action in excess of $30,000.00. 2. Plaintiff is a resident, and domiciled, in the State of Pennsylvania. 3. Defendant, CITY OF OKEECHOBEE, is a political subdivision of of the State of Florida. 4. Defendant, WILLIAM J. SAII'4, is a resident and domiciled in the State of Florida. 5. Defendant, K.M. REEVES, is a resident of and domiciled in the State of Florida. 6. This court has Diversity Jurisdiction pursuant to 28 USCS Sec. 1332. Plaintiff is a citizen of the State of Pennsylvania and the Defendants are citizens of the State of Florida. 7. Jurisdiction is also conferred upon this court because this cause involves a, "Federal Question ". The Plaintiff was beaten and injured by City of Okeechobee Polic€nent, Defendants in this action. Wiley v. Memphis Police Dept. (1977, CA6 Tenn.) 548 F2d 1247, cert den 434 US 822, 54 L Ed 2d 78, 98 S Ct 65. 8. A Federal Question is involved in this cause because the Defendants violated he Plaintiff's Federal Civil Rights, as guaranteed to the Plaintiff pursuant co Lhe Civil Rights Ac" of 1964 9. A Federal Question is involved in this action pursuant to 28 USCS Sec. 1331, because the Defendant City, City of Okeechobee, Florida, and its policmen, Defendants, William J. Saum and K.M. Reeves, beat and injured the Plaintiff. 10. The City of Okeechobee, Florida and Bill Gunter, as the Insurance Commission( of the State of Florida were sent a Demand and Notice by Certified Mail pursuant to the Notice of Claim Statute, Florida Statute Section 768.28 on February 1, 1988; and they have not responded to said Notice and Demand. Therefore, their lack of response to said statutory Notice and Demand to settle this claim is deemed to deny said settlement demand. It has been more than six months since this Notice and Demand pursuant to Florida Statute 768.28 et seq. was sent to them via certified mail. 11. Plaintiff has complied with all the requirements of the Notice and Claim Statute, Florida Statute 768.28 et seq.; and Defendants have denied the same. 12. Florida Statute Section 768.28 et seq. waives sovereign immunity for the State of Florida and its subdivision or agencies. Defendant, City of Okeechobee is a subdivision of the State of Florida. 13. This action is a tort action for negligence against the City of Okeechobee and its employees, William J. Saum and K.M. Reeves; and for William J. Saum and K.E. Reeves acting bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard for the human rights, safety, property and federal civil rights of the Plaintiff, Lester Rush. 14. At all times material hereto, Defendants, SAUM AND REEVES, worked as em- ployees for the Defendant, CITY OF OKEECHOBEE, as policemen.. 15. On July 19, 1987, at approximately 11•:43 A.M., at 1307 South Parrott Avenue, Lot 15, in the City of Okeechobee, County, Florida, the Defendants, SAUM and REEVES, while working as employees /policemen for the City of Okeechobee, Florida arrested and jailed the Plaintiff. 16. This arrest was a wrongful arrest and the'Plaintiff was wrongfully jailed. 17. There was no valid reason or probable cause for the Defoml ants to arrest and jail the Plaintiff. 18. During this arrest, Defendants, SAUM and REEVES, beat up the Plaintiff. 19. During this arrest, the Plaintiff told the Defendants, SAUM and REEVES, VES, to take it easy on the Plaintiff because the Plaintiff was handicapped and had two (2) artificial ' that Plaintiff had to walk with the assistance of a cane, the Defendants, SATJM and REEVES; forced the Plaintiff to wald without his cane, even after the Plaintiff had pleaded with the Defendants to not make him walk without his cane 20. That during this wrongful arrest, Defendants, SAUM and REEVES, were so rough with the Plaintiff, they pulled his arm out of its socket. That they took the Plaintiff's arm and bent it back around his back and up to his neck as pushed and threw him up against his car; and then they handcuffed hirn. They un- necessarily used too much force in making this wrongful arrest. 21. Plaintiff asked Defendants, SAUM and REEVES, to not take his wallet out of his pants because his cards and personal items would spill onto the street. SAUM and REEVES pulled the wallet out anyway, and the cards and other items did spill onto the street; and Plaintiff had to pick them up while still and without the assistance of his cane, which he badly needed but was deprived of by SAUM and REEVES. 22. Defendants forced the Plaintiff to walk without the use of his cane. Plaintiff had both of his hips replaced any should not walk without his cane. Defendants were prewarned about the Plaintiff's weak hips and hip replacement before they went out locoung for him and arreete&i him, Defendants wore tow told about the Plaintiff's weak hips by the Roseta, Pennsylvania Police Depart- ment and the by the Plaintiff's sister. 23. Defendants forced the Plaintiff to walk without his cane during the entire arrest, including walking up two flights of stairs at the jai_lhouse with - ot the use of his cane, nor could the Plaintiff use the handrails because the kept the Plaintiff's hands cuffed behind his back even though the Plaintiff heck, ged the Defendants to let him use his cane and to not use the hand cuffs, or at allow him the opportunity to use the handrails for assistance while walking up up the stairs. 24. Plaintiff also asked not to be handcuffed because his pants would fall down; and when Plaintiff was forced to walk while handcuffed, his pants did fall down; causing him further embarassment and humiliation. 25.After Plaintiff was arrested and taken into custody, the Defendants statId to the Plaintiff that they had made a mistake. That they really should not have pulled the Plaintiff over. 26. Defendants then said to the Plaintiff that they wanted him to leave the City of Okeechobee immediately. Defendants then made sure the Plaintiff left the City of Okeechobee immediately by following him out to the city limits /border and watching him leave. The Defendants would even allow the Plaintiff to stop at his brothers house in the City of Okeechobee even though the Plaintiff specifically asked the Defendants to allow him to do this because Plaintiff had driven all the way from Roseta, Pennsylvania to the City of Okeechobee to visit his brother. Defendants arrested and jailed the Plaintiff in front of his brother's house when the Plaintiff had just gotten into the City of Okeechobee to start his visit with his brother. 27. Defendants made sure that Plaintiff left the City of Okeechobee right away without seeing his brother so that the Plaintiff could not tell his brother that the what the Defendants had done to the Plaintiff; and that the Defendants had negligently, falsely and maliciously arrested and imprisoned the Plaintiff, and that the Defendants had maliciously and seriously injured the Plaintiff during this arrest. 28. Defendants did not even allow the Plaintiff to seek medical treatment; but forced the Plaintiff out of town to only protect themselves and their inter- ests. NEGLIGENCE 29. The aforesaid conduct by the Defendants consists negligence by therm against them.. 30. That said negligence was a directand proximate cause of the Plain- tiff's injuries as stated in this complaint. 31. That the Defendants also told the Plaintiff that he had to return home to Roseta, Pennsylvania immediately because his wife was having a nervous breakdown; all of which was a lie and not true, only said to the Defendant to cover up the illegal and negligent conduct of the Defendants. 32. The Defendants, SAUM and REEVES, acted in bad faith, with a malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety and property of the plaintiff. 4 DAMAGES 33. The Plaintiff was injured as follows as a direct and proximate cause of the negligence of the defendants: Plaintiff's rotator cuff was torn and his shoulder was dislocated. This injury is permant and disabling. Plaintiff will have a permanent limited range of motion in his arm. He will not be able to lift his arm up over his head forever. Plaintiff's hip condition was made worse 1 and weaker. Defendants negligence caused injury to the Plaitiff's back which is another permanent injury from this arrest and imprisonment. Plaintiff's hips, back, arms, and shoulders are still hurting from this incident. 34. AS a result of the Defendants' negligence, plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental an- guish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the fut- ure. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the defendants. 5 18 U.S.C.A. Sec. 242 35. Defendants violated federal law, 18 U.S.C.A. Sec. 242 (Deprivation of Rights Under of Color of Law) when they arrested the Plaintiff and physically abused him as stated herein. 36. Defendants, City of Okeechobee, and its police force, via Defendants SAUM and REEVES, deprived the Plaintiff of the excercise of his, "rights, privileges and /or immunities secured and protected by the Constitution and Laws of the United States." 37. Defendants, illegally arrested the Plaintiff, then physically abused, assaulted and battered him, then, "ran him out of town" by dernnading that Plaintiff immediately leave the City of Okeechobee without giving him time to say goodbye to his brother, a resident of the City of Okeechobee, and followed the Plaintiff to the City borderline to make sure Plaintiff left town immediately. These .defendnant /police officers for the City of Okeechobee did this because they ad- mitted to the Plaintiff that they had made a mistake in arresting, detaining and physically abusing him; and that the Plaintiff was free to go but must leave the City of Okeechobee inuuediately so that these defendants cound cover -up their mis- take and possibly get away with these negligent, tortious and crinu_nal acts perpe- trated against this handicapped Plaintiff, who is crippled and needs the assistance of a cane to walk. 38. Defendants treated the Plaintiff i this said negligent, tortious and criminal manner because Plaintiff was an alien to the Cityof Okeechobee and a re- sident of the State of Pennsylvania, an, "Outsider". 39. Had the Plaintiff been a resident of the City of Okeechobee, these de- fendants would not have arrested, physically abused or treated the Plaintiff in a negligent and tortious manner. 40. Defendants subjected the Plaintiff to different punishment, pains and penalties on account of Plaintiff being an alien to the City of Okeechobee. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the Defendants. GEORGE • NGER ESQ. Attorney for Plaintiff 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian,Florida 32958 7 A0-440 (Rev. 5/85) Summons in a Civil Actiitai et TESTER RUSH, nits ,tate% MERV{ N /ALDRDN Cf(lira) ) 0CELS STRUM 1')tit li)U)C)I!t CIkC(Jlf SERVED ON JJ r2 Y 8 /e-1".:P.2 j A22" retard tourt S[XITHERN DISTRICT OFORIDA Plaintiff, V. CITY OF OKEECHOBEE, a political subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; Defendants, TO: (Name and Address of Defendant) WILLIAM J. SAUM By Serving: At . SUMMONS IN A CIVIL ACTION CASE NUMBER: 88- 1 CIV -ZLOCH CHIEF MOBLEY Liason Officer for the City of Okeechobee Police Dept. 55 S.E. 3rd Avenue Okeechobee, Florida 34974 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY (name and address) GEORGE OLLINGER, ESQ. 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by ciefault will be taken against you for the relief demanded in the complaint. ROBERT M. MARCH OCT 2 5 1988 CLERK DATE 8Y otPUTY C1 E e 0 44;1 tRev. 5/E5? Summons in a Civil Action RETURN OF SERVICE Service of the Summons and Complaint was made by mei DATE AME OF SERVER TITLE 'heck one box below to indicate appropriate method of service ❑ Served personally Upon the defendant. Place where served • ❑ _ Left copies thereof at the defendant's dwelling house or usual discretion then residing therain Name of person With whom the summons and complaint ❑ Peturned.unexecuted: place of abode with a person of suitable age and were left. LI Other (specify STATEMENT OF SERVICE FEES ?AVEI_ SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under. the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server As to who may serve a summons see Rule 4 of the tules of Civil Procedure. % r' i`itit itl!?IC��; "t;C!Ilr IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. LESTER RUSH, Plaintiff, v. CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida; WILLIAM J. SAUK; and K.M. REEVES; Defendants, COMPLAINT 88 -14187 CIVIL CIV-ZLOCH CASE NO: JUDGE: DIV.: DOCKET NO: Plaintiff, LESTER RUSH, by and through his undersigned attorney, sues the Defendants, CITY OF OKEECHOBEE, Florida, a politicial subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; and alleges the. following: 1. This is an action in excess of $30,000.00. 2. Plaintiff is a resident, and domiciled, in the State of Pennsylvania. 3. Defendant, CITY OF OKEECHOBEE, is a political subdivision of of the State of Florida. 4. Defendant, WILLIAM J, SAUM, is a resident and domiciled in the State of Florida. 5. Defendant, K.M. REEVES, is a resident of and domiciled in the State of Florida. 6. This court has Diversity Jurisdiction pursuant to 28 USCS Sec. 1332. Plaintiff is a citizen of the State of Pennsylvania and the Defendants are citizens of the State of Florida. 7. Jurisdiction is also conferred upon this court because this cause involves a, "Federal Question ". The Plaintiff was beaten and injured by City of Okeechobee Policement, Defendants in this action. Wiley v. Memphis Police Dept. (1977, CA6 Tenn.) 548 F2d 1247, cert den 434 US 822, 54 L Ed 2d 78, 98 S Ct 65. 8. A Federal Question is involved in this cause because the Deferents violated the Plaintiff's Federal Civil Rights, as guaranteed to the Plaintiff pursuant to the Civil Rights Act of 4 9. A Federal Question is involved in this action pursuant to 28 USCS Sec. 1331, because the Defendant City, City of Okeechobee, Florida, and its policmen, Defendants, William J. Saum and K.M. Reeves, beat and injured the Plaintiff. 10. The City of Okeechobee, Florida and Bill Gunter, as the Insurance Commissions- of the State of Florida were sent a Demand and Notice by Certified Mail pursuant to the Notice of Claim Statute, Florida Statute Section 768.28 on February 1, 1988; and they have not responded to said Notice and Demand. Therefore, their lack of response to said statutory Notice and Demand to settle this claim is deemed to deny said settlement demand. It has been more than six months since this Notice and.Demand pursuant to Florida Statute 768.28 et seq. was sent to them via certified mail. 11. Plaintiff has complied with all the requirements of the Notice and Claim Statute, Florida Statute 768.28 et seq.; and Defendants have denied the same. 12. Florida Statute Section 768.28 et seq. waives sovereign immunity for the State of Florida and its subdivision or agencies. Defendant, City of Okeechobee is a subdivision of the State of Florida. 13. Thia action is a tort action for negligence against the City of Okeechobee and its employees, William J. Saum and K.M. Reeves; and for William J. Saum and K.M. Reeves acting bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard for the human rights, safety, • property and federal civil rights of the Plaintiff, Lester Rush. 14. At all times material hereto, Defendants, SAUM AND REEVES, worked as Em- ployees for the Defendant, CITY OF OKEECHOBEE, as policemen. 15. .On July 19, 1987, at approximately ih • :43 A.M., at. 1307 South Parrott Avenue, Lot 15, in the City of Okeechobee, County, Florida, the Defendants, SAUM and REEVES, while working as employees /policemen for the City of Okeechobee, Florida arrested and jailed the Plaintiff. 16. This arrest was a wrongful arrest and the Plaintiff_ was wrongfully jailed. 17. There was no valid reason or probable cause for the Defendants to arrest • and jail the Plaintiff. 18. During this arrest, Defendants, SAUM and REEVES, beat up the Plaintiff. 19. During this arrest, the Plaintiff told the Defendants, SAUM and REEVES, to take it Posy on the Plaintiff because the Plaintiff was handicapped and had two (2) artificial hips; aLat Plaintiff had to walk with die assistance of a cane, the Defendants, SAUM and REEVES, forced the Plaintiff to wald without his cane,, even after the Plaintiff had pleaded with the Defendants to not make him '.da).k without his cane. 20. That during this wrongful arrest, Defendants, SAUM and REEVES, were so rough with the Plaintiff, they pulled his ann out of its socket. That they took the Plaintiff's arm and bent it back around his back and up to his neck as pushed and threw trim up against his car; and then they handcuffed him. They un -- necc.vily used too much force in making this wrongful arrest. 21. Plaintiff asked Defendants, SAUM and REEVES, to not take his wallet: out of his pants because his cards and personal items would spill onto the street. SAUM and REEVES pulled the wallet out anyway, and the cards and other ite E did spill onto the street; and Plaintiff had to pick them up while still and without the assistance of his cane, which he badly needed but was deprived of by SAUM and REEVES. 22. Defendants forced the Plaintiff to walk without the use of his cane Plainti ff had both of his hips replaced any should not walk without his cane. Defendants were prewarned about the Plaintiff's weak hips and hip replacement before they went out Toraka.nV for him and otrelotad him, !f nndnnt u woro ffhli told about the Plaintiff's weak hips by the Roseta, Pennsylvania Police f),, :p rt ment and the by the Plaintiff's sister 2:3. Defendants forced the Plaintiff to walk without his cane dur=ing the entire arrest, including walking up two flights of stairs at Idle :Li, l u , uith of th- e use of his cane, nor could kept Lhe Plaintiff's hands cuffed ged the Defendants. to let him use allow him the opportunity to use up the ::;, airs. the Plaintiff use the handrail :; t>oc�iuse the behind his back even through the Plaintiff bd his cane and to not use the hand cuffs, or ai the handrails for assistr.:ncu >..4 c i l c i . Plaintiff also asked not to be handcuffed bec au:A2 51i J down; and when Plaintiff was forced to walk while handcuff 1 H, 1: dowel; causing him further embarassment and humiliation. 25.After Plaintiff: was arrested and taken to the J- 1aintiff that they had made a mistake. cu].le;i (h(. Plaintiff over. 1L. Defendants then said to the Plaintiff into cur t-ody , 1 That thy I�,u�t:�� :�c�iilcl t panty; di'-1 is ,hO u I d not. ii,ty, that y h au r� f leave the City of Okeechobee immediately. Defendants then made sure the Plaintiff left the City of Okeechobee immediately by following him out to the city limits /border and watching him leave. The Defendants would even allow the Plaintiff to stop at his brothers house in the City of Okeechobee even though the Plaintiff specifically asked the Defendants to allow him to do this because Plaintiff had driven all the way from Roseta, Pennsylvania to the City of Okeechobee to visit his brother. Defendants arrested and jailed the Plaintiff in front of his brother's house when the Plaintiff had just City of Okeechobee to start his visit with his brother. 27. Defendants made sure that Plaintiff left the City away without seeing his brother so that the Plaintiff could that the what the Defendants had done to the Plaintiff; and gotten into the of Okeechobee right not tell his brother that the Defendants had negligently, falsely and maliciously arrested and imprisoned the Plaintiff, and that the Defendants had maliciously and seriously injured the Plaintiff during this arrest. 28. Defendants did not even allow the Plaintiff to seek medical treatment; but forced the Plaintiff out of town to only protect themselves and their inter- ests. NEGLIGENCE 29. The aforesaid conduct by the Defendants consists negligence by then against them. 30. That said negligence was a directand proximate cause of the Plain- - tiff's injuries as stated in this complaint. 31. That the Defendants also told the Plaintiff that he had to return home to Roseta, Pennsylvania immediately because his wife was having a nervous breakdown; all of which was a lie and not true, only said to the Defendant to cover up the illegal and negligent conduct of the Defendants. 32. The Defendants, SAUM and REEVES, acted in bad faith, with a malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety and property of the plaintiff. DAMAGES 33. The Plaintiff was injured as follows as a direct and proximate cause of the negligence of the defendants: Plaintiff's rotator cuff was torn and his shoulder was dislocated. This injury is permant and disabling. Plaintiff will have a permanent limited range of motion in his arm. He will not be able to lift his arm up over his head forever. Plaintiff's hip condition was made worse and weaker. Defendants negligence caused injury to the Plaitiff's back which is another permanent injury from this arrest and imprisonment. Plaintiff's hips, back, arms, and shoulders are still hurting from this incident. 34. AS a result of the Defendants' negligence, plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental an- guish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the fut- ure. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the defendants. 5 18 U.S.C.A. Sec. 242 35. Defendants violated federal law, 18 U.S.C.A. Sec. 242 (Deprivation of Rights Under of Color of Law) when they arrested the Plaintiff and physically abused him as stated herein. 36. Defendants, City of Okeechobee, and its police force, via Defendants SAUM and REEVES, deprived the Plaintiff of the excercise of his, "rights, privileges and /or immunities secured and protected by the Constitution and Laws of the United States." 37. Defendants, illegally arrested the Plaintiff, then physically abused, assaulted and battered him, then, "ran him out of town" by demnading that Plaintiff immediately leave the City of Okeechobee without giving him time to say goodbye to his brother, a resident of the City of Okeechobee, and followed the Plaintiff to the City borderline to make sure Plaintiff left town immediately. These defendnant /police officers for the City of Okeechobee did this because they ad- mitted to the Plaintiff that they had made a mistake in arresting, detaining and physically abusing him; and that the Plaintiff was free to go but must leave the City of Okeechobee inunediately so that these defendants cound cover -up their mis- take and possibly get away with these negligent, tortious and criminal acts perpe- trated against this handicapped Plaintiff, who is crippled and needs the assistance of a cane to walk. 38. Defendants treated the Plaintiff i this said negligent, tortious and criminal manner because Plaintiff was an alien to the Cityof Okeechobee and a re- sident of the State of Pennsylvania, an, "Outsider". 39. Had the Plaintiff been a resident of the City of Okeechobee, these de- fendants would not have arrested, physically abused or treated the Plaintiff in a negligent and tortious manner. 40. Defendants subjected the Plaintiff to different punishment, pains and penalties on account of Plaintiff being an alien to the City of Okeechobee. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the Defendants. GEORGE OLLINGER ESQ. Attorney for Plaintiff 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 "N -5546 an OFFENSE ORT Complainant Ptl.William J. Saum Address 55 SE 3rd Ave. Phone_ 7.63- 552.1 Offense__ - Information ref. BOLO Place of Occurrence 500 Blk SR 15 South Report received byDispatcher__Suarez at 11;43A M. Date 07/19/ 1987 How reported_Z?olice Radio Date and time offense committed 07/19L1 11 :45AM Officer Assigned_ptLWJ Saum Time of investigation _11:4_5AM_M. Date_ 07/19/87 Suspects and /or persons arrested Lester Rush DETAILS OF OFFENSE (State fully all other circumstances of this offense and its investigation) Case No. V G 2- v D 9/ On 07/19/87 at approx. 7:50AM writer and Ptl.KM Reeves recieved a bolo(be on look out) for the above subject who was wanted for Psychiatric Comment in Roseta Pa.. The bolo also advised that the subject should be driving a 1984 Olds., Omega being brown in color and bearing Pa. tag #CUX460, and was believed to be armed with an automatic handgun. The subject was believed to be headed to 1307 S.Paroott Ave in Okeechobee, lot 15. At approx. 11:43AM this same date, writer observed the veh. bearing the above license tag approaching the above residence and called for a backup unit(Ptl.Reeves). At that same time the veh. and Mr. Rush left the area and writer followed. In the 500 Blk of SR 15 South writer and Ptl.Reeves conducted a felony stop on the veh. and the driver identified himself as the above subject, when asked his name. Writer placed the subject under arrest and was advised by the subject that he had a large amount of money in the glove box. Writer allowed the subject to watch as Ptl.Reeves opened the glove box and a 25 caliber semi -auto handgun was found in the glove box, still in the box and unloaded, though the clip was loaded but not in the gun. While handcuffed,the subject advised that the envelope in the glovebox contained the money. Ptl.Reeves took the envelope from the glovebox, while the subject watched, and put the envelope containing the money into the subjects front right pocket. The subject was taken to the police department where writer spoke with Police Chief Brian Hartman who had been called in Pa. by dispatcher Suarez by request of writer. Chief Hartman advised that he was in the process of sending a teletype to our dept. to advised us that the county authorities (North Hampton Co)had at 11:30_AM ' �`/ Date C /7 -L� ! 1 k\ � i ' L. / /_-_ -- REPORT MADE BY ��' -;- t- t • -'/ ;1- - -- PS, . P 0 Bt's r,.4i P ♦,I AS If }�( 7110e gig CONTINUATION of 2 PAGE OKEEC,HOBEE 1OLICE DEPARTt`IUUT OKEECHOBEF,, FLORIDA CASE NIPC:13ER: VICTIM :State of Pa. SUSPECT :Lester Rush DATE : 07/19/87 OFFICER : Ptl.WJ Saum ALSO SEE CASE #: advised him that the warrant for this subjects arrest was being changed to include only North Hampton County and that they were not going to extradite if arrested out of that county, or in any other state. Chief asked writer if there were any drugs in the veh and writer advised that there were several bottles of both perscription and perscription medication in the trunk and also advised the chief that the gun had been found unloaded. Chief Hartman advised the that the warrant was good in their county for the next two weeks and requested that writer advise the subject that his common law wife was in emotional distress due to her fathers death(which the subject confirmed)and that she was requesting that if he was found, to pleas^ advised him to return to Pa.. Writer forwarded the message to the subject and he was released advising writer and Ptl.Reeves that he would be headed back to Pa. in the next few days. End of report, see complaints 5546 and 5568. Chief Brian Hartman - Roseta Police Department - 215 - 588- 0390(his office) or 215- 863 -4181 (cocm.center). He advised to call if any other questions... pt 1.W J • 14: i(4ti•• 1 0 rn July 19,1p87 DA it LOG OF RADto STATION KNDE - 698 POLICE DEPARTMENT OKEECHOBEE, FLORIDA 5■1fH N, co Sr Officer Saum 1286 Lm� U "'� Collyd Coiled BY OGerolor 5.gnol No Goneral InlormoYcn 32 10 -51 country klcthcen ref animal comp.! compl.5564 1048 25 1051 32 25 10 -97 1055 32 25 10 -98 10 -8 1111 21 32 10 -51 sportsman south ref 10 -60 battery grey transam CD 5566 1112 32 21 10 -97 1114 32 21 10 -28 839FBX 1117 32 21 10 -98 1143 32 21 10 -55 w/25....21/ref veh sig 20 sig 0 that veh is 10 -12 at riverben 1144 32 21 10 -55 w /25...21 /subj is leaving now 1145 32 21 10 -55 w /25....21 /fixing to turn R heading N 25/I'11 10 -23 for you at texico station + 21 10 -50 Dk gray olds omega PA CUX460 441 s 10 -23 for 20 1145 32 1146 32 21 10 -20 infront of baystation 1148 units 32 10 -13 25/10 -4 going to be 10 -15 1119 32 21 10 -43 find 10 -44 ref to this Bolo send tty adv them we have subj 1151 32 25 10 -70 rot st bay station 1153 25 32 10 -39 rot will be Johns 1157 32 21 10 -8 10 -53 w/ 10 -15 1158 32 21 10 -75 1208 32 25 10 -98 scene 10 -53 1241 32 21 10 -40 10 -42 1244 25 32 10 -51 Raulerson ER subj's need s ride home comp1.5567 1246 32 21 10 -97 1247 32 25 10 -12 2 WF's bm /13505 1252 32 25 10 -98 em/13507 1314 32 21 10 -8 1315 32 21 10 -86 - 1319 32 271 10 -8 1336 25 32 10 -56 County D/S at Sun Bank 1346 32 21 10 -108 10 -42 1359 32 21 109 -8 _ • NATURE OF COMPLAI OF OFFENSE OR NTANT'S NAME z u. 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',...:....•. ! -' ;77: ; L.:..: i--.-.,• i : .. ... ' MAKE 8 M EZ TO: THR11: THR1]: FROM: CITY OF OKEECHOBEE MEMORANDUM John Cook General Counsel John Drago i/ City Administr for / DATE: April 7, 1988 SUBJECT: PENDING LEGAL MATTERS Enclosing copies of the material we discussed yesterday. If at all possible, I would like to present the agreement with DOT at the next regular meeting, April 19. If not then, as soon as possible. TO: THRU: THRU: FROM: CITY OF OKEECHOBEE MEMORANDUM Jerry Bryant DATE: January 18, 1988 General Counsel John J. Drago City Administrator SUBJECT: Lester C. Rush, Sr. Enclosed is a letter of complaint regarding unwarranted physical abuse during the arrest of Mr. Lester C. Rush, Sr. Mr. Rush's attorney is asking for payment of his medical bills. I'm forwarding the complete set of paperwork sent to the city for your review. I have not talked to Chief Mobley regarding this subject. Friday, January 22, Chief Mobley will start a one -week vacation. Please advise me on what options the city has in regard to this matter. sf GEORGE OLLINGER ATTORNEY AND COUNSELOR AT LAW TELEPHONE (303) 463 -1977 SUITE 617 GATEWAY BUILDING 1130 NORTH FEDERAL HIGHWAY FORT LAUDERDALE, FLORIDA 33304 February 1, 1988 Certified Mail Return Receipt Requested CHIEF OF POLICE Okeechobee Police Department Okeechobee, Florida 33472 Re: Lester Rush Notice of Claim Pursuant to Florida Statute 768.28 Attention: CHIEF OF POLICE, I represent Lester Rush by policemen employed and on Police Department. Okeechobee Police Department: as his attorney for the injuries he received duty on July 19, 1987, by the Okeechobee Mr. Rush needs further surgery because of this police brutality. Therefore, demand is made upon the Okeechobee Police Department and the policemen involved, and all others, to settle this claim with Mr. Rush for the sum of $100,000.00. This Notice and Claim is being sent pursuant to Florida Statute 768.28. cc: Noel & Rush ge 011i.nger LAW OFFICES TEEL, STETTZ, SHIMER & DIGIACOMO, LTD. 124 BELVIDERE STREET NAZARETH, PENNSYLVANIA 18064 STANLEY E. STETTZ CONRAD C. SHIMER ALFRED S. PIERCE KARL H. KLINE ROBERT E. SIMPSON, JR. NICHOLAS NOEL. _DI STANLEY J. MARGLE, III RALPH J. BELLAFATTO CERTIFIED MAIL RETURN RECEIPT REQUESTED CHIEF OF POLICE OKEECHOBEE POLICE DEPARTMENT OKEECHOBEE FLA 33472 TELEPHONE 759 -1420 AREA CODE 215 January 8, 1988 Re: Lester C. Rush, Sr. v. W. J. Saum, K. M. Reeves, City of Okeechobee, Florida, et al. Dear Sir: CHARLES L. SHIMER 11932 -19701 JOHN D. DIGIACOMO n871-19E441 OF COUNSEL CLYDE W. TEEL J. DOUGLAS FACKENTHAL EASTON OFFICE 616 ALPHA BUILDING EASTON, PA. 18042 TELEPHONE 258 -0866 AREA CODE 215 EIN 23- 2005354 This letter is to place your office and the City of Okeechobee, as well as the above -named patrolmen under your command, on notice that our office represents Lester C. Rush, Sr., concerning an incident that occurred on July 19, 1987, that involved the arrest and unwarranted physical abuse of Mr. Rush in the vicinity of 1307 South Parrott Avenue in Okeechobee, Florida. While stopped by the above -named officers pursuant to a Bulletin, Mr. Rush was physically abused, without cause, in being physically restrained and handcuffed. Pursuant to said physical restraint, Mr. Rush's left arm was severely yanked and twisted, which has resulted in a rotator cuff injury, as well as muscular injury to the dorsal lumbar spine, which may well require surgery. I am enclosing with this notice a copy of a recent doctor's report as well as medical bills that we have to date, though they are incomplete and are continuing. Furthermore, there is also a report from the Slatehlt Medical Center relating to Mr. Rush's treatment therein. Mr. Rush has been advised to receive treatment by an orthopedic specialist and such treatment will be occurring in the future, thereby incurring additional and significant medical expenses. Please forward this notice to your City Solicitor and /or insurance company so that they are advised of this claim. Under no circumstances is Mr. Rush to be contacted; and any communication or correspondence regarding this matter should be directed to my attention. Thank you. Very truly yours, TEEL, STETTZ, SHINER & DiG,IACOMO, LTD. By f/ Nicholas Noel, III NN:ksn cc: Officer W. J. Saum (w /o encs. ) Officer K. M. Reeves (w /o encs . ) Encs. ROBERT F. McEVOY, M.D., P.C. 125 S. First St. Bangor, PA 18013 Telephone; (215) 588 -8282 November 23,1987 TO WHOM IT MAY CONCERN: Mr. Lester Rush is currently receiving medical treatment for multiple musculoskeletal injuries. These injuries occurred as a result of an altercation with police while Mr. Rush was visiting in Florida. The diagnosis is (1) acute strain or a rotator cuff injury to the left shoulder; (2) acute dorsal lumbar spine strain. Treatment for the above conditions consists of rest,physical therapy,analgesics and antiinflammatory medicine. Mr. Rush continues to have symptoms of pain and limitation of motion and remains functionally compromised. The prognosis for recovery is fair to guarded. Please contact me for any further information. f =lain sincerely, Robert F. McEvoy,M.D. STATEMENT Slate Belt Rehabilitation Associates 701 SLATE BELT BOULEVARD BANGOR, PA. 18013 TELEPHONE: (215) 588 -6737 IRS - ID No. 23- 2121160 IEr: S. S. # 206 -30 -3227 ter Rush, Sr. Birthdate: 1/10/38 Falcone Ave. Phone # 588 -3805 ato,Penna. 18013 r Mr. Lester Rush, Sr. 308 Falcone Ave. Roseto,Penna. 18013 L J CHARGES OR PAYMENTS MADE AFTER LAST DATE SHOWN WILL APPEAR ON YOUR NEXT STATEMENT BALANCE FORWARD • # 206 -30- 3227 -A I CODE DATE DETAIL CHARGES PAYMENTS BALANCE VIP' —r _ 111111 (7 1 /Ia J 1/41/1 n l7) iv_, - 47 SO 201 ?,17-- ,TD 'S7 EGUARo '- PhysiCal Therapy 4—Equipment AG— Electromyography :V —Nerve Conduction Velocity -I—C hrona x ie f— Occupational Therapy 1— Evaluation PLEASE PAY LAST AMOUNT IN BALANCE COLUMN JS —JObst Support HV —Iiome Visit 8—Brace CA —Court Appear. MR —Med. Report C —Cash PC— Personal Check INS—Insurance MED— Medicare ATT— Attorney BVR— Bureau of Vocational Rehabilitation ROA— Received on Account O —Other (215) 863-6468 Lester Rush 308 Falcone Ave. Roseto Pa. 18013 ROBERT F. McEVOY, M.D. 1351 VERONA DRIVE PEN ARGYL PA 18072 November 23 19 87 FOR PROFESSIONAL SERVICES 7/29/87 8/7/87 8/19/87 9/16/87 11/11/87 Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Diagnosis Acute strain or rotator cuff injury Acute dorsal lumbar spine strain $23.00 $23.00 323.00 $23.00 $23.00 Paid $115.00 $ Slate Belt Medical Center A Comoon.m o& HoamEar Name n t: NON— REGISTERED PATIENT Address /641_7:e- 227 /9/7 l /_3 - -2l 5 5—Allergies Date Date of Birth Family Doctor, Phone No. Last Tetanus • 11 / r Hgt. Wgt. 1 /42,Temp. B.P./ o'ti'Pulse Resp./� Nature of Complai ;(�L ! msv 1 9 e 7 . t . S - W016,1, 1-y) //).; I 6s, PQ,■ - NLD11,16. SA - Nd 9c, c ca „„ SA,„ � £1ct — Cam- p 5f¢ e S2 -1—ri cf5 1)1124 42 U.6 BP3c—K "Poi arn E. —1 Ci-{- ` 4cess 2 6 it. l )• & Nr. 2 GI 4P 1rwi,i f v i v- --7.wf/D a�f +-t_tP CN -5546 an 556 OFFENSE ' 'ORT Address 55 SE 3rd Ave. Offense Information ref. BOLO Place of Occurrence 500 Blk SR 15 South Report received byDispatche_r_ uUIcz at 11;43A M. Date _07 /19/ _____1987__._How reported Po1ic_c io Complainant Ptl.William J. Saum Phone Case No. 763 -5521 7 - ?-v57/ Date and time offense committed 07/19/87 11 :45AM Time of investigation 11:4SAM M. Date— 07/19/87 Suspects and /or persons arrested Lester Rush Officer Assigned Pt1,.WJ Saum DETAILS OF OFFENSE (State fully all other circumstances of this offense and its investigation) On 07/19/87 at approx. 7:50AM writer and Pt1.KM Reeves recieved a bolo(be on look out) for the above subject who was wanted for Psychiatric Comment in Roseta Pa.. The bolo also advised that the subject should be driving a 1984 Olds., Omega being brown in color and bearing Pa. tag #CUX460, and was believed to be armed with an automatic handgun. The subject was believed to be headed to 1307 S.Pareott Ave in Okeechobee, tot 15. At approx. 11:43AM this same date, writer observed the veh. bearing the above license tag approaching the above residence and called for a backup unit(Ptl.Reeves). At that same time the veh. and Mr. Rush left the area and writer followed. In the 500 Blk of SR 15 South writer and Ptl.Reeves conducted a felony stop on the veh. and the driver identified himself as the above subject, when asked his name. Writer placed the subject under arrest and was advised by the subject that he had a large mount of money in the glove box. Writer allowed the subject to watch as Ptl.Reeves opened the glove box and a 25 caliber semi -auto handgun was found in the glove box, still in the box and unloaded, though the clip was loaded but not in the gun. While handcuffed,the subject advised that the envelope in the glovebox contained the money. Ptl.Reeves took the envelope from the glovebox, while the subject watched, and put the envelope containing the money into the subjects front right pocket. The subject was taken to the police department where writer spoke with Police Chief Brian Hartman who had been called in Pa. by dispatcher Suarez by request of writer. Chief Hartman advised that he was in the process of sending a teletype to our dept. to advised us that the county authorities (North Hampton Co)had at 11:30AM REPORT MADE BY-- _ ��. t (/' 7 "J `?".D2_1 Date g7-.9-c7 NOM Pse. P 0 110X 6.6111 041.5 TU.S 75206 xxXXX CONTINUATION 2 of 7 PAGE Oi EECHOB E POLICE DEPARTMENT OKEECHOBEE, FLORIDA CASE NUMBER: VICTIM : State of Pa. SUSPECT :Lester Rush DATE :07/19/87 OFFICER : Ptl.WJ Saum ALSO SEE CASE #: advised him that the warrant for this subjects arrest was being changed to include only North Hampton County and that they were not going to extradite if arrested out of that county, or in any other state. Chief asked writer if there were any drugs in the veh and writer advised that there were several bottles of both perscription- -and ncn perscription medication in the trunk and also advised the chief that the gun had been found unloaded. Chief Hartman advised th, that the warrant was good in their county for the next two weeks and requested that writer advise the subject that his common law wife was in emotional distress due to her fathers death(which the subject confirmed)and that she was requesting that if he was found, to please advised him to return to Pa.. Writer forwarded the message to the subject and he was released advising writer and Pt1.Reeves that he would be headed back to Pa. in the next few days. End of report, see complaints 5546 and 5568. Chief Brian Hartman - Roseta Police Department - 215 - 588- 0390(his office) or 215- 863 -4181 (comm.center). He advised lto(call if any other questions... 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'X._ -4;) T> /15■ -`11tckli■ -,z, "z3-- 'Vz,--- •••-c), RV% to. 33NVISIO DNO1 110i 3OVSS 2 0 0 m 33 > 0 A8 O3At3: SI1331A30 DNI.VOLLS3A O3.L Od31i MOH 0 0 33 m ON 33N31:13431I .WOd3d INIV1dWO3 mJ I■ FIT CD i `'`J m Om O r C co•'\_ �'� 0 �` c m r 4 m ' Z n D �, O \,{ _ D D � � � m Z O Z X0 u+ m D 7 n m _4 ,J\\ rp 0 m SH3D1330 ONIJV9I1S3ANI Z 0 z IaOd3a July 19,1987 DA I Nee LOG OF RAD U STATION KNDE - 698 POLICE DEPARTMENT OKEECHOBEE, FLORIDA SHE E C ( 1286 Sr Officer Saum hmo UP1 Coll.rd Catlod By Opernror I No Gon erol Inlonnonon 1048 25 32 10 -51 country kicthcen ref animal tempt compl.5564 1051 32 25 10 -97 1055 32 25 10 -98 10 -8 1111 21 32 10 -51 sportsman south ref 10 -60 battery grey transam CO 5566 1112 32 21 10 -97 1114 32 21 10 -28 839FBX 1117 32 21 10 -98 1143 32 21 10 -55 w /25....21 /ref veh sig 20 sig 0 that veh is 10 -12 at riverben 1144 32 21 10 -55 w /25...21 /subj is leaving now 1145 32 21 10 -55 w /25....21 /fixing to turn R heading N 25 /I'll 10 -23 for ' 'I you at texico station 1145 32 21 10 -50 Dk gray olds omega PA CUX460 441 s 10 -23 for 20 1146 32 21 10 -20 infront of baystation 1148 units 32 10 -13 25/10 -4 going to be 10 -15 1119 32 21 10 -43 find 10 -44 ref to this Bolo send tty adv them we have subj 1151 32 25 10 -70 rot st bay station 1153 25 32 10 -39 rot will be Johns 1157 32 21 10 -8 10 -53 w/ 10 -15 1158 32 21 10 -75 1208 32 25 10 -98 scene 10 -53 1241 32 21 10 -40 10 -42 1244 25 32 10 -51 Raulerson ER subj's need s ride home comp1.5567 1246 32 21 10 -97 1247 32 25 10 -12 2 WF's bm/13505 1252 32 25 10 -98 em/13507 1314 32 21 10 -8 1315 32 21 10 -86 1319 32 291 10 -8 1336 25 32 10 -56 County D/S at Sun Bank 1346 32 21 10 -108 10 -42 D59 32 21 108 -8