Jacksonville Sheriff's Office facing wrongful arrest lawsuit

Attorney won similar suit against Clay County Sheriff's Office

JACKSONVILLE, Fla. – Five people are suing the Jacksonville Sheriff's Office, alleging wrongful arrests.

Tilly Lee Winburn, 36, and Brian Richard Garrett, 33, were arrested in April for attempted shoplifting and drug charges. 

Joshua J. Angel, 26, was arrested in September 2012 for armed robbery, and Yemanh Berhane Gebremedhin, 22, was arrested in April 2013 for burglary. 

The fifth plaintiff, who was also charged with shoplifting, is a minor being represented by his mother in the suit.

The lawsuit is being brought by attorney Andrew Bonderud, who successfully sued the Clay County Sheriff's Office for the wrongful arrest of a woman from Louisiana.

Rhonda Peoples-Waters, a criminal defense attorney who is not affiliated with the case, said there are good reasons why these plaintiffs want to move forward with a lawsuit. 

"The arguments are, not only does this affect their reputation, it's now created an arrest history, maybe for someone who has never had an arrest history.  It may also mean that they've spent time in jail," she said.

The lawsuit against JSO alleges that JSO has a policy of "conducting constitutionally unreasonably insufficient investigations into allegations of criminal conduct," …."characterized by an unreasonable disregard of available evidence that would eliminate any probable cause."

Bonderud also asserts that "this custom is characterized by a disregard for the 4th Amendment rights of the citizens of Jacksonville," and is endorsed by Sheriff John Rutherford. 

Peoples-Waters said it wouldn't surprise her to see more people stepping forward.

"The publicity of this type of case may attract other persons who may say, 'I was also in a similar situation, and I was wronged by the Sheriff's Office,'" she said. "They may contact that attorney and ask to join the lawsuits."

News4Jax contacted JSO about the lawsuit, and officials said JSO does not comment on pending litigation, referring all questions to the General Counsel's Office.


About the Authors:

Ashley Harding joined the Channel 4 news team in March 2013. She reports for and anchors The Morning Show.