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