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Mentally ill man sues Plantation cops for wrongful arrest
South Florida Sun Sentinel (FL) - 6/25/2015
June 25--A Lauderhill man and his parents filed a lawsuit against the Plantation Police Department in federal court Tuesday alleging a civil rights violation.
The suit states that on Aug. 2, 2014, Officer Joseph Miller saw Mark Tindall, now 28, behind a closed business at 5 a.m. Miller told Tindall that unless he could explain himself, he would be arrested for loitering and prowling.
An attorney for the Tindall family claims he walks at night because he can't sleep and suffers from a mental illness.
Tindall provided his information but ultimately ran from the officer to his Lauderhill house. Officers arrived at the home and "rushed into the house" despite Tindall's parents' protests and broke down the master bedroom door.
In the meantime, Tindall was trying to call 911 for protection against the officers, the suit states. His mother was also trying to call for help but officers took the phone away.
"Upon entering the bedroom [officers] deployed and fired an electronic Taser-type weapon striking Mark Tindall multiple times," the suit states. "Additionally, one or both of these officers used a ... pepper spray on Mark Tindall intended to cause pain, emotional distress and blindness."
Tindall's attorney, David Frankel, said police claimed Tindall was reaching for a scissors, but no scissors was ever found in the bedroom. Tindall spent 14 days in jail. Charges were ultimately dropped by prosecutors, who said there was insufficient evidence to have stopped him in the first place, and no crime had been reported in the area.
"There was no probable cause for arresting him," the attorney said.
Police Chief Howard Harrison said he could not comment on pending litigation. A police spokesman said no complaint was ever filed, so no Internal Affairs investigation was conducted.
lhuriash@sunsentinel.com or 954-572-2008
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