Thread: FL-Detained woman,husband to sue Lake County Sheriff's Offic

Detained woman and her husband plan to sue Lake County Sheriff's Office

Tavares Police also receive 'notice of claim'

12:53 PM EDT, July 2, 2009

TAVARES - A 24-year-old undocumented immigrant mother from Honduras who was held in the Lake County Jail for more than two weeks -- rather than the 48 hours allowed under federal law -- plans to sue the Lake County Sheriff's Office

Rita Cote and husband Robert Cote filed notices of claim against the Sheriff's Office, Lake County, the City of Tavares and Tavares Police, according to documents obtained by the Orlando Sentinel.

The correspondence serves as a notice to the government entities of the intention to sue. It is not the actual lawsuit but is required before a suit can be filed.

The notices were sent in early May.

"Claimant, Mrs. Cote, is filing a claim against the above referenced entities concerning the incidents that began on or about February 16, 2009 when she was wrongfully arrested and wrongfully detained," reads the notice from Winter Park attorney Howard Marks.

The basis for the claims "concern all incidents surrounding her arrest and continued detention and include, but are not limited to, false arrest, false imprisonment, battery, violation of civil rights ... and claims for violation of state constitutional rights including her right to privacy," the notice states.

Tavares police arrested Cote, also known as Rita Enriquez-Perdomo, Feb. 16 after discovering she was an illegal resident and that there was an administrative warrant for her deportation. She was taken to the Lake County Jail and held with minimum- and medium-security prisoners.

Tavares police told jail officials they had notified federal immigration authorities about Cote.

Under federal law, Cote could be held no longer than 48 hours to be picked up by U.S. Border Patrol. After that, she had to be released unless she faced other charges.

But Cote was not released until March 5 by U.S. Immigration and Customs Enforcement.

The notice also states that she will be making a claim for "intentional infliction of mental and emotional distress" and will seek compensatory damages, including special and punitive damages.

Robert Cote's claim also involve his wife's arrest and detention, his claim notice says. His claims will "include a claim for loss of consortium."

Lake Sheriff Gary Borders withheld comments recently when he was confronted by the Cotes during a meeting with immigration and Hispanic advocates in Sorrento. Borders cited the pending litigation.

Tavares Police Chief Stoney Lubins said the claims notices have been sent to attorneys representing the city and police department.

"Generally, our policy is not to comment on pending litigation," Lubins said.


http://www.orlandosentinel.com/orl-bk-c ... 8007.story

Robert Cote's claim also involve his wife's arrest and detention, his claim notice says. His claims will "include a claim for loss of consortium."




Oh, so now they're even suing for THAT?

What, did her unfortunate incarceration get in the way of working on an anchor baby or something? Or is he just pissed because she wasn't around to wait on him hand and foot?

Tavares police arrested Cote, also known as Rita Enriquez-Perdomo, Feb. 16 after discovering she was an illegal resident and that there was an administrative warrant for her deportation. She was taken to the Lake County Jail and held with minimum- and medium-security prisoners.

Tavares police told jail officials they had notified federal immigration authorities about Cote.

Personally, I think the lawsuit is ridiculous because the lady had a warrant out for her arrest because of a previous deportation order. However, assuming their is grounds for a lawsuit, sounds like the lawsuit should be against the federal government, not the Tavares police. The big question is, why didn't ICE make the pick up within 48 hours? Seems to me that this should be a situation where the federal government is held liable for their failure to act, not the Tavares police.

One last thing - WHY IN THE HELL DID ICE LET HER GO?

Things are really starting to border on the absurd where immigration enforcement is concerned.

She was deported and didn't leave.
She was caught yet again being in the U.S. illegally.
If she didn't break the law not once, but twice, by entering/staying here illegally, ignoring a deportation order, and staying in the U.S. despite a deportation order (oh wait, is that 3 illegal acts?) she would not have been put in jail, and would not have been kept in jail for 24 minutes, 24 hours, or 30 days.
If someone is ripped off while attempting to commit a crime, such as trying to buy drugs and the drug dealer sells them baking soda instead, they cannot sue the drug dealer. The courts will not help them. So why would the courts help this law breaker and her horny husband? If she wasn't breaking the law, she wouldn't have been "hurt", and her husband wouldn't have been either. He should sue her.

Originally Posted by azwreath

Robert Cote's claim also involve his wife's arrest and detention, his claim notice says. His claims will "include a claim for loss of consortium."




Oh, so now they're even suing for THAT?

What, did her unfortunate incarceration get in the way of working on an anchor baby or something? Or is he just pissed because she wasn't around to wait on him hand and foot?

Loss of consortium is a great cause of action. Anytime, a spouse suffers a tort, it is going to affect their mood, affection, and in this case I would imagine sexual behavior. You always ask tort victims if they are married so that you can file a claim on behalf of their spouse.

Originally Posted by attorneyatlaw

Originally Posted by azwreath

Robert Cote's claim also involve his wife's arrest and detention, his claim notice says. His claims will "include a claim for loss of consortium."




Oh, so now they're even suing for THAT?

What, did her unfortunate incarceration get in the way of working on an anchor baby or something? Or is he just pissed because she wasn't around to wait on him hand and foot?

Loss of consortium is a great cause of action. Anytime, a spouse suffers a tort, it is going to affect their mood, affection, and in this case I would imagine sexual behavior. You always ask tort victims if they are married so that you can file a claim on behalf of their spouse.

I agree that would normally be a great cause of action, what I don't understand is why the husband of someone who was told to leave the country, and (she) chose not to, and because she chose to stay in this country despite a court order ended up in jail again, could sue for anything. ATTORNEY AT LAW - do you know why some people, like the people who get ripped off in drug deals, cannot sue, yet other people, like illegal immigrants, can sue, when they wouldn't have been hurt if they weren't breaking a law? Is the illegal immigrant situation more like if someone is hurt breaking into a store by climbing over faulty ceiling tiles (or something like that) can sue the store owner for injuries? Are their certain criminal activities that allow the person breaking the law to be protected, while others (drug activities)a that won't be protected? I really am curious. Here in AZ, people here illegally can't sue for civil damages, but that's because a special law was passed by voters, I believe in 1996.

"loss of consortium?" He was that h----, he couldn't go without for TWO WEEKS??????????????? I suppose if she had a baby, he would crawl into her hospital bed for his "consortium!!!!"