led 03/19/2019 10:04:03 AM
1g # 86595372 E-
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
MICHAEL BASILE
Plaintiff,
v. _ CASENO.
SHAUN MARTIN, individually,
MICHAEL McMAHAN, individually, and
THOMAS KNIGHT,
as Sheriff of Sarasota County, Florida,
Defendants.
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COMPLAINT
JURY TRIAL DEMANDED f
Plaintiff, Michael Basile, by and through the undersigned, hereby sues Defendants, SHAUN
MARTIN, MICHAEL MeMAHAN, and SHERIFF THOMAS KNIGHT, and alleges as follows:
1 This is a civil rights action alleging constitutional claims under the Fourth and
Fourteenth Amendments pursuant to 42 U.S.C. § 1983 against state law enforcement agents acting
under color of law in his individual capacity, Plaintiff also brings pendent state law claims against
the Sheriff of Sarasota County, Florida, and against the individual law enforcement agents.
JURISDICTION AND VENUE
2 This is an action for damages that exceed $100,000.00 exclusive of interest, costs
and attorney's fees and venue is proper in this Court as this action arose within Sarasota County,
Florida. On information and belief, Defendants reside or are otherwise located in Sarasota County,
Florida,
Filed 03/19/2019 10:15 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota CountPARTIES
3. Plaintiff is MICHAEL BASILE. At all times relevant to this action he was a
resident of Sarasota County, Florida,
4 Defendant SHAUN MARTIN is a deputy sheriff who was employed by the
Sarasota County Sheriff's Office (“SCSO”). He is sued in his individual capacity for all claims. At
all times relevant to this action, Defendant MARTIN was a duly appointed and acting deputy sheriff
of the SCSO, and was acting under color of law, to wit, under color of the statutes, ordinances,
regulations, policies, customs, and usages of the State of Florida and/or Coupty of Sarasota, and
2
under the direction and control of the SCSO. :
o Defendant MICHAEL McMAHAN was a deputy sheriff exfiployed by the SCSO
for the relevant period of time, He is sued in his individual capacity for all claims. At all times
relevant to
action, Defendant MCMAHAN was a duly appointed and acting deputy sheriff of
the SCSO, and was acting under color of law, to wit, under color of the statutes, ordinances,
regulations, policies, customs, and usages of the State of Florida and/or County of Sarasota, and
under the direction and control of the SCSO.
6 Defendant, THOMAS KNIGHT, is the Sheriff of Sarasota County, Florida, and
the employer of Defendants SHAUN MARTIN and MICHAEL McMAHAN. He is sued in his
official capacity for a pendent state law claim set forth in Count 3 only.
7. Plaintiff has fully complied with all conditions precedent to bringing the pendent
state law claims as required by the laws of the State of Florida, and particularly the provisions of §
768.28, Florida Statutes.FACTUAL BACKGROUND
8 ‘On March 27, 2015, Defendant MARTIN seized BASILE and used physical and
excessive force against his body and person.
9. The incident was captured by video surveillance cameras and depicts Defendant
Martin seizing and pile-driving BASILE with great force into a concrete floor face first absorbing
all of his weight, the weight of Defendant MARTIN and the kinetic energy resulting from Defendant
MARTIN’s seizure and use of force.
10 The force used by Defendant MARTIN was excessive, unreasonable, unjustified,
without any basis in law or fact, and disproportionate to any reasonable use otborce necessary under
the circumstances. 2
I Asa direct result, BASILE suffered traumatic injuries to his face and jaw/mouth
structures as more particularly detailed hereinafter.
12 BASILE. Basile briefly lost consciousness after his head struck the ground and
remained motionless on the floor, visibly bleeding, until medical care was rendered to him,
13. Asa direct result of the excessive force, BASILE was taken to Sarasota Memorial
Hospital where surgery was performed to repair a traumatic injury to the bone of the eye socket, the
removal of several teeth, a bone graft and the installation of metal hardware placed inside the orbit
and along the zygomatic arch of BASILE’s left eye socket.
14, _A-second surgery was needed to further repair the damage of BASILE’s traumatic
injury.
15, Defendants MARTIN and McMAHAN subsequently instigated and caused to be
initiated a false and malicious prosecution by making and submitting a false police report to
prosecuting authorities, which caused a criminal prosecution to be initiated against BASILE.