Florida Verdicts

Amount:

$165,000

Type:

Settlement

State:

Florida

Venue:

Federal

Court:

U.S. District Court Middle District of Florida, Tampa Division

Injury Type(s):

Case Type:

Government – Excessive Force; Civil Rights – Police as Defendant

Case Name:

Jacob P. Cowie v. City of Tampa, John R. Gustafson, Jayson G. Uriarte, Joseph J. Reese and Gregory J. Pryor,
No. 8:2011-cv-01720

Date:

December 13, 2013

Plaintiff(s):

Jacob P. Cowie (Male, 27 Years)

Plaintiff Attorney(s):

Michael P. Maddux;
Michael P. Maddux, P.A.;
Tampa,
FL,
for
Jacob P. Cowie

Defendant(s):

City of Tampa, 

Joseph J. Reese, 

Gregory J. Pryor, 

Jayson G. Uriarte, 

John R. Gustafson

Defense Attorney(s):

Ursula D. Richardson;
Assistant City Attorney;
Tampa,
FL,
for
City of Tampa, Joseph J. Reese, Gregory J. Pryor, Jayson G. Uriarte, John R. Gustafson ■ Kirby C. Rainsberger;
Senior Assistant City Attorney;
Tampa,
FL,
for
City of Tampa, Joseph J. Reese, Gregory J. Pryor, Jayson G. Uriarte, John R. Gustafson ■ Julia Mandell;
Senior Assistant City Attorney;
Tampa,
FL,
for
City of Tampa, Joseph J. Reese, Gregory J. Pryor, Jayson G. Uriarte, John R. Gustafson

On Feb. 7, 2010, plaintiff Jacob Cowie, 27, a golf shop assistant, was involved in an altercation at a Tampa nightclub. Cowie claimed that three undercover police officers and one uniformed police officer attacked and beat him when he was attempting to prevent a friend from being ejected from the establishment. Cowie claimed that the officers threw him to the ground, used a Taser on him, and repeatedly punched and kicked him. Cowie was arrested and charged with disorderly conduct. The charge was subsequently dropped. Cowie sued the city of Tampa and police officers John Gustafson, Jayson Uriarte, Joseph Reese and Gregory Pryor. Cowie alleged that the officers used excessive force. Cowie’s counsel argued that the officers misinterpreted Cowie’s actions outside the nightclub when he attempted to defuse an argument between a friend and bouncer at the club. He claimed that when the officers intervened, Cowie, who is deaf, was unable to hear whether the officers had identified themselves. Cowie’s counsel claimed that Pryor was the first officer to approach Cowie. He claimed that the officer was dressed in jeans and a hoodie and had party beads around his neck. He claimed that the undercover officer used a maneuver in which he slung Cowie into a metal park bench, injuring the left side of his face and left shoulder. He claimed that while Cowie was on the ground, two other undercover police officers struck him in the head, torso and lower body. He claimed that an eyewitness’ cell phone video later posted on YouTube showed Ubriarte, who was in uniform, walk up while the three other officers were applying force to Cowie and kick him twice. Defense counsel claimed that Cowie tried to hit the first officer who grabbed him. They further claimed that Cowie held his hands underneath him on the ground and refused to comply with the officers’ commands to place his hands behind his back and stop resisting. They claimed that the officers punched and kicked Cowie because he began kicking and pulling away from them. They claimed that one of the officers delivered two stuns from his department-issued Taser to Cowie’s upper body to gain his compliance. They argued that the eyewitness’ video was misleading. Defense counsel filed a motion for summary judgment, asserting that the four officers were entitled to qualified immunity. The magistrate judge denied the motion, finding the citizen-made video showed disagreements over material facts and warranted a trial on the excessive force claims against each officer.

Cowie was taken to Tampa General Hospital after the incident. He was diagnosed with nondisplaced fractures of the right maxillary sinus, lateral orbital wall, lateral pterygoid plate, and zygomatic arch, consistent with a right-sided complete Le Fort (also known as floating palate) fracture. He also complained of pain in his non-dominant left shoulder. He was later diagnosed with a torn rotator cuff of the left shoulder. In March 2010, he underwent arthroscopic surgery to address his shoulder injury. He missed six weeks of work recovering from surgery and attending medical appointments. Cowie claimed that he was an avid golfer before the incident. He claimed that he was unable to pursue a career playing golf as result of his injury. He claimed that he continues to suffer pain and limited range of motion in his shoulder. Cowie sought to recover damages for past and future medical expenses, lost wages, and past and future pain and suffering. Defense counsel argued that the officers were entitled to qualified immunity and that they did not use excessive force against Cowie.

Prior to trial the case was settled, with the city of Tampa agreeing to pay Cowie $165,000.

Judge:

Richard A. Lazzara

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.