FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of

pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the

Clerk of Court for the purpose of reporting data pursuant to section 25.075, Florida Statutes. (See instructions

for completion.)

I. CASE STYLE

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Case No.: _________________

Judge: ____________________

Derrick Campbell

Plaintiff

 vs.

CITY OF MIAMI GARDENS, Unknown Police Officer #1, Unknown Police Officer #2, Unknown Police

Officer #3

Defendant

II. AMOUNT OF CLAIM

Please indicate the estimated amount of the claim rounded to the nearest dollar $10,000,000

III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the

most descriptive label is a subcategory (is indented under a broader category), place an x on both the main

category and subcategory lines.

☐ Condominium

☐ Contracts and indebtedness

☐ Eminent domain

☐ Auto negligence

☒ Negligence – other

 ☐ Business governance

 ☐ Business torts

 ☐ Environmental/Toxic tort

 ☐ Third party indemnification

 ☐ Construction defect

 ☐ Mass tort

 ☐ Negligent security

 ☐ Nursing home negligence

 ☐ Premises liability – commercial

 ☐ Premises liability – residential

☐ Products liability

☐ Real Property/Mortgage foreclosure

 ☐ Commercial foreclosure

 ☐ Homestead residential foreclosure

 ☐ Non-homestead residential foreclosure

 ☐ Other real property actions

 ☐ Professional malpractice

 ☐ Malpractice – business

 ☐ Malpractice – medical

 ☐ Malpractice – other professional

 ☐ Other

 ☐ Antitrust/Trade Regulation

 ☐ Business Transaction

 ☐ Circuit Civil - Not Applicable

 ☐ Constitutional challenge-statute or ordinance

 ☐ Constitutional challenge-proposed amendment

 ☐ Corporate Trusts

 ☐ Discrimination-employment or other

 ☐ Insurance claims

 ☐ Intellectual property

 ☐ Libel/Slander

 ☐ Shareholder derivative action

 ☐ Securities litigation

 ☐ Trade secrets

 ☐ Trust litigation

 ☐ County Civil

 ☐ Small Claims up to $8,000 

 ☐ Civil 

 ☐ Replevins

 ☐ Evictions

 ☐ Other civil (non-monetary)

Filing # 105690660 E-Filed 03/31/2020 04:08:17 PM Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 1 of 30
 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 2 of 30
COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the

Administrative Order. Yes ☐ No ☒

IV. REMEDIES SOUGHT (check all that apply):

☒ Monetary;

☐ Non-monetary declaratory or injunctive relief;

☐ Punitive

V. NUMBER OF CAUSES OF ACTION: 

(Specify)

8

VI. IS THIS CASE A CLASS ACTION LAWSUIT?

☐ Yes

☒ No

VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

☒ No

☐ Yes – If “yes” list all related cases by name, case number and court:

VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?

 ☒ Yes

 ☐ No

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and

that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.

Signature: s/ Steven C. Marks 

Attorney or party

FL Bar No.: 516414 

(Bar number, if attorney)

 Steven C. Marks

 (Type or print name)

 Date: 03/31/2020

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 3 of 30
Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

DERRICK CAMPBELL,

Plaintiff,

vs.

CITY OF MIAMI GARDENS,

a Municipal Entity, Three Unknown

Officers of the City of Miami Gardens Police

Department, in their individual capacities,

Defendants.

CASE NO.:

COMPLAINT

PLAINTIFF, DERRICK CAMPBELL, sues the DEFENDANTS, CITY OF MIAMI 

GARDENS, a Municipal Entity and THREE UNKNOWN OFFICERS of the CITY OF MIAMI 

GARDENS POLICE DEPARTMENT, in their individual capacities, and states as follows:

JURISDICTION, PARTIES, AND VENUE

1. This is an action for damages and all other applicable laws for damages in excess 

of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest, costs and attorneys’ fees, 

and is therefore within the jurisdictional limits of this Court.

2. Defendants City of Miami Gardens and three unknown officers of the City of 

Miami Gardens Police Department are subject to the jurisdiction of this Court because, at all 

relevant times, all Defendants were residents of the state of Florida. 

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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

3. Venue is proper in Miami-Dade County, Florida because all of the parties reside in 

Miami-Dade County and/or conduct business in Miami-Dade County; the events that are the 

subject of this lawsuit transpired in Miami-Dade County; and the cause of action accrued in MiamiDade County. Venue is founded upon Florida Statutes Section 47.011.

4. All conditions precedent to bringing this action have been met. In December 2018,

more than six months before the filing of this complaint, a notice of claim was sent to and received 

by the City of Miami Gardens, the Mayor, the City Attorney, and the Chief of Police pursuant to 

Florida Statutes Section 768.28. 

5. This is a civil action seeking money damages against the City of Miami Gardens 

and three unknown officers of the City of Miami Gardens Police Department. This action is for 

the violation of plaintiff’s constitutional rights by defendants unlawfully initiating and executing 

a search of plaintiff’s residence and unlawfully seizing the plaintiff without probable cause, and 

for other claims arising from the officers’ actions. 

6. At all relevant times, Plaintiff, Derrick Campbell, was and is a resident of MiamiDade County, Florida, residing at 2865 NW 196th Terrace, Miami Gardens, Florida 33056.

Derrick Campbell was born and raised in Jamaica and is a legal resident of the United States of 

America. 

7. Defendant, City of Miami Gardens, is a Florida municipality incorporated pursuant 

to the laws of the State of Florida.

8. Defendants, Three Unknown Officers of the City of Miami Gardens Police

Department, were, at all times material, police officers for the City of Miami Gardens and were, 

at all times material, acting under color of state law.

.

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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

GENERAL ALLEGATIONS

I. The alarm calls to the City of Miami Gardens Police Department

9. On or around 4:50 p.m. on July 8, 2016, the City of Miami Gardens Police 

Department received a call from an alarm company indicating an alert at 2865 NW 169th Terrace, 

Miami Gardens, Florida 33056. Upon information and belief, a second alert was reported at that

address approximately five minutes later.

10. Upon information and belief, the City of Miami Gardens Police Department 

received another call from the owner or resident of 2865 NW 169th Terrace approximately eight 

minutes after the initial call. The caller repeated the address for the alert and asked when police 

would arrive because the caller had access to cameras for the property and had not seen any 

responding officers. The City of Miami Gardens Police Department employee assured the caller 

that police were very busy but would respond as soon as possible.

11. Either prior to or after receiving the call from the property owner or resident, the 

City of Miami Gardens Police Department employee called the alarm company that reported the 

initial alert. On that call, the police department employee erroneously asked about an alert at 2865 

NW 196th Terrace—Derrick Campbell’s address—an error that the alarm company representative 

corrected during the call.

12. Upon information and belief, the police department dispatcher issued a call for an 

alarm at 2865 NW 196th Terrace, notwithstanding the alarm company’s clarification. In other 

words, the dispatcher issued a call for an alarm at Derrick Campbell’s address, despite the fact that 

no alarm had been triggered at that address and, upon information and belief, the police had 

received no calls on that date referring to that address. 

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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

II. Police arrive at the property

13. Upon information and belief, three officers of the City of Miami Gardens Police 

Department responded to the dispatcher’s erroneous call regarding 2865 NW 196th Terrace on or 

around 5:45 p.m.—approximately one hour after the initial call from the alarm company.

14. Footage from surveillance cameras at the property shows that the responding 

officers likely did not suspect the intruder was still present. For example, the footage shows

officers were relaxed and slowly strolled to the property line. 

15. For over ten minutes, the officers remained outside the property. During this time, 

the officers circled around an alleyway and searched the back porch and the shed behind the home. 

The officers did not encounter any signs of forced entry, other persons in the vicinity, or other 

signs of suspicious activity.

16. Despite lacking a warrant, and despite the absence of any lawful basis for a 

warrantless entry, the officers decided to enter Derrick Campbell’s home. Footage from a security 

camera inside the home shows the officers abruptly entering the darkened house—guns drawn—

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 7 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

and using flashlights to search inside closets, behind curtains, and even inside Derrick’s 

refrigerator.

17. Finding nothing, the officers continued their search deeper into Derrick’s home. 

Eventually, the officers entered Derrick’s bedroom. 

III. Derrick Campbell

18. On the afternoon of July 8, 2016, Derrick Campbell was asleep in his home at 2865 

NW 196th Terrace, Miami Gardens, Florida 33056. 

19. On or around 6 p.m., Derrick was lying face down in bed when he was startled 

awake by City of Miami Gardens police officers holding a gun to his head.

20. Upon information and belief, one of the responding officers recognized Derrick 

from an earlier call. This officer told the other two officers something similar to “we have the 

wrong guy.”

21. Despite confirming that Derrick was “the wrong guy,” and despite still lacking a 

warrant or any lawful basis for a warrantless search or seizure, the officers proceeded to handcuff 

Derrick and continue searching the house. 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 8 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

22. After several minutes, the officers finished their search and released Derrick. 

Shaken, Derrick walked the officers off the property.

23. Upon information and belief, the officers intentionally failed to file a report on the 

incident despite assuring Derrick that a superintendent would speak with him about the search of 

the property and his detention. 

24. The shock of waking up inside his home, in the dark, with three figures standing 

over him with guns drawn has severely impacted Derrick’s personal and professional life, and has 

left him with significant psychological suffering and injuries. Derrick suffers from frequent 

nightmares, panic attacks, and has been diagnosed with Post-Traumatic Stress Disorder.

COUNT I

42 U.S.C. § 1983—Illegal Search Against Three Unknown Officers

25. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

26. This action is brought under 42 U.S.C. § 1983, which provides a remedy for a 

violation of an individual’s constitutional rights, against the unknown officers individually.

27. On July 8, 2018, the three unknown officers, acting under color of state law in the 

course and scope of their duties, entered and searched Derrick Campbell’s residence.

28. The officers’ actions violated Derrick’s constitutional rights under the Fourth 

Amendment to the United States Constitution.

29. Specifically, the officers’ search of the apartment violated Derrick’s Fourth 

Amendment right against unreasonable searches without a warrant or probable cause. The search 

of Derrick’s residence was unreasonable because multiple calls between the Miami Gardens Police 

Department confirmed that an alarm was sounding at 2865 NW 169th Terrace—not 2865 NW 

196th Terrace, where Derrick lives—the officers arrived nearly an hour after the initial call, and 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 9 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

because the officers’ preliminary search of the property for over ten minutes prior to entering the 

residence found no signs of forced entry or of a crime taking place. 

30. Accordingly, the officers’ search of the property was unlawful, unreasonable and 

unjustified, and their execution of the search in the clear absence of a lawful basis constituted 

reckless and wanton disregard for Derrick Campbell’s Fourth Amendment Rights. The officers 

knew or reasonably should have known that their search of the property was contrary to clearly 

established law. 

31. In addition, even if entering and searching the residence was reasonable under the 

circumstances, the officers exceeded the lawful scope of the search by searching areas that no 

person could hide inside and that could not have triggered an interior motion alarm, such as inside 

Derrick’s refrigerator. 

32. The officers knew or should have known that under clearly established law, even if 

the search had been proper, the lawful scope of their search was limited. Because the officers were

responding to a possible burglary call, there was no reasonable or lawful justification under the 

circumstances for entering a residence that showed no sign of forced entry or a crime despite over 

ten minutes of surveillance. There was similarly no lawful reason or justification under the 

circumstances for searching inside of a refrigerator for a suspect after entering the residence. To 

the extent that the officers hoped of finding an illicit substance, this was an improper and unlawful 

reason for violating Derrick’s Fourth Amendment rights under the circumstances because the 

officers lacked probable cause for such a search. In short, the officers intentionally exceeded the 

lawful scope of their search, and did so in wanton disregard for Derrick Campbell’s Fourth 

Amendment rights. 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 10 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

33. Further, upon information and belief, one of the officers identified Derrick 

Campbell prior to Derrick’s detention and handcuffing. Therefore, at the time of the identification, 

the officers knew or should have known that Derrick was not a suspect, posed no threat, and that 

the officers were misinformed or responding to a false alarm. The fact that the officers identified 

Derrick Campbell further undermined any justification that they may have had—lawful or 

otherwise—for continuing and expanding their search of the property. Therefore, continuing a 

search of the residence after identifying Derrick Campbell was unreasonable and unlawful.

34. As a result of the actions of these officers, Derrick Campbell suffered and continues 

to suffer severe mental and emotional trauma including, but not limited to, night terrors, insomnia, 

panic attacks, and other injuries consistent with his diagnosed Post-Traumatic Stress Disorder.

COUNT II

42 U.S.C. § 1983—Unlawful Seizure Against Three Unknown Officers

35. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

36. This action is brought under 42 U.S.C. § 1983, which provides a remedy for a

violation of an individual’s constitutional rights, against the unknown officers individually.

37. On July 8, 2016, the officers, acting under color of state law in the course and scope 

of their duties, handcuffed Derrick Campbell after waking him with guns drawn and kept Derrick 

restrained until the officers completed their search.

38. The officers’ detention of Derrick Campbell violated Derrick’s Fourth Amendment 

right against unreasonable seizure without a warrant or probable cause and Derrick’s Fourteenth 

Amendment right against deprivation of liberty by the State without due process of law. 

39. Not only did the officers lack a warrant of any kind, but Derrick was identified by 

one of the officers after being found sleeping in the bedroom. That officer stated something similar 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 11 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

to “we have the wrong guy,” a clear indication that the officers knew or should have known that 

Derrick was neither a suspect nor a risk. Therefore, the officers knew or should have known that 

they lacked probable cause to detain Derrick Campbell, facedown and in handcuffs, while the 

officers continued to search the residence. Under the circumstances, Derrick Campbell’s detention 

was unreasonable.

40. Moreover, there is no indication in the record that Derrick Campbell was armed, 

that the officers believed he was armed, or that this belief would be reasonable under the 

circumstances. 

41. The officers knew or reasonably should have known that under clearly established 

law, their seizure of Derrick Campbell under the circumstances was unreasonable, unjustified, and 

unlawful. 

42. As a result of the actions of these officers, Derrick Campbell suffered and continues 

to suffer severe mental and emotional trauma including, but not limited to, night terrors, insomnia, 

panic attacks, and other injuries consistent with his diagnosed Post-Traumatic Stress Disorder.

COUNT III

42 U.S.C. § 1983—Illegal Search Against City of Miami Gardens

43. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

44. This action is brought under 42 U.S.C. § 1983, which provides a remedy for a 

violation of an individual’s constitutional rights, against the City of Miami Gardens arising from 

an unconstitutional municipal policy.

45. The city council of Miami Gardens is vested by state law with the authority to make 

policy for the city on searches and seizures by police officers employed by the City of Miami 

Gardens. Police officers for the city—including, upon information and belief, the three unknown 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 12 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

officers in this case—were and are, at all times material, aware of the city’s policies regarding 

searches, seizures, and discipline. Specifically, the city’s policies as to the discipline of officers 

accused of violating those policies were so inadequate that it was obvious that a failure to correct 

them would result in further incidents of illegal searches. Therefore, the city’s policies, customs, 

and practices, as well as its failure to correct said policies, customs, and practices, constitute 

indifference to the right against illegal searches, and caused the illegal search of Plaintiff as set 

forth above. The allegations in this paragraph are likely to have additional evidentiary support after 

a reasonable opportunity for further discovery.

46. On July 8, 2018, the officers, acting under color of state law in the course and scope 

of their duties, entered and searched Derrick Campbell’s residence. At all times relevant, the 

officers were acting under the directions and control of the City of Miami Gardens and were acting 

pursuant to the official policy, practice, or custom of the City of Miami Gardens.

47. The officers’ actions deprived Derrick of his constitutional rights under the Fourth 

Amendment to the United States Constitution.

48. The officers’ search of the apartment deprived Derrick of his Fourth Amendment 

right against unreasonable searches without a warrant or probable cause. The search of Derrick’s 

residence was unreasonable because multiple calls between the Miami Gardens Police Department 

confirmed that an alarm was sounding at 2865 NW 169th Terrace—not 2865 NW 196th Terrace, 

where Derrick lives—the officers arrived nearly an hour after the initial call, and because the 

officers’ preliminary search of the property for over ten minutes prior to entering the residence 

found no signs of forced entry or of a crime taking place. 

49. In addition, even if entering and searching the residence was reasonable under the 

circumstances, the officers exceeded the lawful scope of the search by searching areas that no 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 13 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

person could hide inside and that could not have triggered an interior motion alarm, such as inside 

Derrick’s refrigerator. 

50. The officers knew or should have known that their search was limited in scope by 

law—for example, limited in scope by the substance of the alarm call. In responding to a possible 

burglary call, there was no reasonable justification under the circumstances for entering a residence 

that showed no sign of forced entry or a crime during over ten minutes of surveillance. There is

similarly no lawful reason or justification under the circumstances for searching inside of a 

refrigerator for a suspect after entering the residence. Therefore, the officers intentionally exceeded 

the lawful scope of their search in hopes of finding an illicit substance—an unjustifiable reason 

for violating Derrick’s Fourth Amendment rights under the circumstances because the officers 

lacked probable cause for such a search.

51. Further, upon information and belief, one of the officers identified Derrick 

Campbell prior to Derrick’s detention. At that time, the officers knew or should have known that 

Derrick was not a suspect, posed no threat, and that the officers were misinformed or responding 

to a false alarm. Continuing a search of the residence after identifying Derrick Campbell was 

unreasonable and unlawful.

52. The City of Miami Gardens had knowledge or, had it diligently exercised its duties 

to instruct, supervise, control, and discipline on a continuing basis, should have had knowledge 

that the wrongs which were done, as alleged, were likely to occur. The City of Miami Gardens had 

power to prevent or aid in preventing the commission of this illegal search, could have done so by 

reasonable diligence, and intentionally, knowingly, wantonly, or recklessly failed or refused to do 

so. The allegations in this paragraph are likely to have additional evidentiary support after a

reasonable opportunity for further investigation or discovery.

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 14 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

53. The City of Miami Gardens, directly or indirectly, under color of law, approved or 

ratified the unlawful, deliberate, willful, and/or wanton conduct of the officers described above. 

On information and belief, the City of Miami Gardens Police Department failed to create an 

incident report or follow-up on the reported conduct of its officers even after Plaintiff notified the 

department. The allegations in this paragraph are likely to have additional evidentiary support after 

a reasonable opportunity for further investigation or discovery.

54. As a result of the actions of these officers, Derrick Campbell suffered and continues 

to suffer severe mental and emotional trauma including, but not limited to, night terrors, insomnia, 

panic attacks, and other injuries consistent with his diagnosed Post-Traumatic Stress Disorder.

COUNT IV

42 U.S.C. § 1983—Unlawful Seizure Against City of Miami Gardens

55. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

56. This action is brought under 42 U.S.C. § 1983, which provides a remedy for a 

violation of an individual’s constitutional rights, against the City of Miami Gardens arising from 

an unconstitutional municipal policy.

57. The city council of Miami Gardens is vested by state law with the authority to make 

policy for the city on searches and seizures by police officers employed by the City of Miami 

Gardens. Police officers for the city—including, upon information and belief, the three unknown 

officers in this case—were and are, at all times material, aware of the city’s policies regarding 

searches, seizures, and discipline. Specifically, the city’s policies as to the discipline of officers 

accused of violating those policies were so inadequate that it was obvious that a failure to correct 

them would result in further incidents of illegal searches. Therefore, the city’s policies, customs, 

and practices, as well as its failure to correct said policies, customs, and practices, constitute 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 15 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

indifference to the constitutional right against unlawful seizures and caused the unlawful seizure

of Plaintiff as set forth above. The allegations in this paragraph are likely to have additional 

evidentiary support after a reasonable opportunity for further discovery.

58. On July 8, 2016, the officers, acting under color of state law in the course and scope 

of their duties, handcuffed Derrick Campbell after waking him with guns drawn and kept Derrick 

restrained until the officers completed their search. At all times relevant, the officers were acting 

under the directions and control of the City of Miami Gardens and were acting pursuant to the 

official policy, practice, or custom of the City of Miami Gardens.

59. The officers’ detention of Derrick Campbell violated Derrick’s Fourth Amendment 

right under the United States Constitution against unreasonable seizure without a warrant or 

probable cause and Derrick’s Fourteenth Amendment right against deprivation of liberty by the 

State without due process of law. 

60. Not only did the officers lack a warrant of any kind, but Derrick was identified by 

one of the officers after being found sleeping in the bedroom. That officer stated something similar 

to “we have the wrong guy,” a clear indication that the officers knew or should have known that 

Derrick was neither a suspect nor a risk. Therefore, the officers knew or should have known that 

they lacked probable cause to detain Derrick Campbell, facedown and in handcuffs, while the 

officers continued to search the residence. Under the circumstances, Derrick Campbell’s detention 

was unreasonable.

61. The City of Miami Gardens had knowledge or, had it diligently exercised its duties 

to instruct, supervise, control, and discipline on a continuing basis, should have had knowledge 

that the wrongs which were done, as alleged, were likely to occur. The City of Miami Gardens had 

power to prevent or aid in preventing the commission of this illegal seizure, could have done so 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 16 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

by reasonable diligence, and intentionally, knowingly, wantonly, or recklessly failed or refused to 

do so. The allegations in this paragraph are likely to have additional evidentiary support after a 

reasonable opportunity for further investigation or discovery.

62. The City of Miami Gardens, directly or indirectly, under color of law, approved or 

ratified the unlawful, deliberate, and wanton conduct of the officers described above. On 

information and belief, the City of Miami Gardens Police Department failed to create an incident 

report or follow-up on the reported conduct of its officers even after Plaintiff notified the 

department. The allegations in this paragraph are likely to have additional evidentiary support after 

a reasonable opportunity for further investigation or discovery.

63. As a result of the actions of these officers, Derrick Campbell suffered and continues 

to suffer severe mental and emotional trauma including, but not limited to, night terrors, insomnia, 

panic attacks, and other injuries consistent with his diagnosed Post-Traumatic Stress Disorder.

COUNT V

Governmental Intrusion by City of Miami Gardens

64. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

65. This action is brought under Article I, § 23 of the Florida Constitution, which 

guarantees a right to privacy free from governmental intrusion.

66. This action is appropriate under the waiver of sovereign immunity in Florida Statute 

§ 768.28.

67. At all relevant times, Derrick Campbell held a legitimate expectation of privacy 

within his home while sleeping in bed at 2865 NW 196th Terrace.

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 17 of 30
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Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

68. On July 8, 2016, the officers of the City of Miami Gardens Police Department, 

acting under color of state law in the course and scope of their duties, knowingly and wrongfully 

intruded into Derrick’s personal residence and bedroom. At all times relevant, the officers were 

acting under the directions and control of the City of Miami Gardens and were acting pursuant to 

the official policy, practice, or custom of the City of Miami Gardens.

69. The Miami Gardens Police Department’s wrongful actions include:

a. entering an exterior building and searching the exterior of 2865 NW 196th 

Terrace after erroneously responding to a call from 2865 NW 169th Terrace;

b. after arriving nearly one hour after the initial call, and after over ten minutes of 

searching and not finding signs of forcible entry or a burglary underway, 

entering the private residence of Derrick Campbell;

c. once inside the residence, searching various rooms, closets, and other areas of 

the residence without probable cause and where it would be unreasonable to 

search for an intruder even if there were a legitimate exigent circumstance; and

d. waking and detaining Derrick Campbell in an undesirable and offensive 

manner, at gunpoint, after one of the officers identified Derrick and expressed 

that Derrick was the wrong man.

70. In conducting the wrongful acts listed above, the City of Miami Gardens Police 

Department wrongfully infringed upon Derrick Campbell’s legitimate expectation of privacy. 

Moreover, it did so in a manner that would cause outrage, mental suffering, shame, and humiliation 

to an ordinary person. 

71. The actions of the City of Miami Gardens police department were not necessary to 

protect a compelling state interest, nor did they protect any purported state interest in the least 

intrusive manner possible. Indeed, there were no circumstances justifying the City’s actions 

intruding upon Derrick Campbell’s legitimate expectation of privacy. 

72. As a result of the actions of the City of Miami Gardens Police Department, Derrick 

Campbell suffered and continues to suffer severe mental and emotional trauma including, but not 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 18 of 30
16

Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

limited to, night terrors, insomnia, panic attacks, and other injuries consistent with his diagnosed

Post-Traumatic Stress Disorder.

COUNT VI

False Imprisonment by City of Miami Gardens

73. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

74. This action is appropriate under the waiver of sovereign immunity in Florida Statute 

§ 768.28.

75. On July 8, 2016, the officers of the City of Miami Gardens Police Department, 

acting under color of state law in the course and scope of their duties, knowingly and wrongfully 

intruded into Derrick’s personal residence and bedroom. At all times relevant, the officers were 

acting under the directions and control of the City of Miami Gardens and were acting pursuant to

the official policy, practice, or custom of the City of Miami Gardens.

76. After waking Derrick Campbell at gunpoint in his home, the officers restrained 

Derrick with handcuffs against his will for several minutes while continuing to search the 

residence. This restraint was against Derrick Campbell’s will, and deprived him of his liberty.

77. Prior to handcuffing Derrick Campbell, one officer indicated that they had the 

“wrong guy” based on an earlier interaction with Derrick. This knowledge coupled with the 

surrounding circumstances—for example, there were no signs of forced entry and Derrick was 

asleep and not threatening—made it unreasonable, unwarranted, and therefore unlawful to restrain 

Derrick Campbell.

78. As a result of the Miami Gardens Police Department’s conduct, Derrick Campbell 

suffered and continues to suffer from severe mental and emotional trauma including, but not 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 19 of 30
17

Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

limited to, night terrors, insomnia, panic attacks, and other injuries consistent with his diagnosed 

Post-Traumatic Stress Disorder.

COUNT VII

Assault by City of Miami Gardens

79. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

80. This action is appropriate under the waiver of sovereign immunity in Florida Statute 

§ 768.28.

81. In waking Derrick Campbell at gunpoint and handcuffing him, without a warrant 

or probable cause for entering or searching his residence, the officers intentionally and unlawfully 

caused a harmful and offensive contact with Derrick’s person as well as an imminent apprehension 

of such contact.

82. As a result of the Miami Gardens Police Department’s conduct, Derrick Campbell 

suffered and continues to suffer from severe mental and emotional trauma including, but not 

limited to, night terrors, insomnia, panic attacks, and other injuries consistent with his diagnosed 

Post-Traumatic Stress Disorder.

COUNT VIII

Negligent Infliction of Emotional Distress by City of Miami Gardens

83. Plaintiff adopts and re-alleges each of the above paragraphs as if fully set forth 

herein. 

84. This action is appropriate under the waiver of sovereign immunity in Florida Statute 

§ 768.28.

85. On July 8, 2016, at all relevant times, Derrick Campbell was asleep in his home at 

2865 NW 196th Terrace.

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 20 of 30
18

Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

86. At approximately 4:50 p.m., the City of Miami Gardens Police Department 

received a call from an alarm company about an interior movement alarm at 2865 NW 169th 

Terrace. The police department received a second call from either the owner or a tenant, asking 

when officers would arrive at 2865 NW 169th Terrace. Additionally, the police department called 

the alarm company to confirm the alarm. On that call, the alarm company representative clarified 

that the alert came from 2865 NW 169th Terrace after the police dispatcher recited the address 

incorrectly.

87. Despite multiple calls, the Miami Gardens Police Department dispatched officers 

to Derrick Campbell’s home at 2865 NW 196th Terrace. 

88. The officers of the City of Miami Gardens Police Department, acting under color 

of state law in the course and scope of their duties, knowingly and wrongfully intruded into 

Derrick’s personal residence and bedroom. At all times relevant, the officers were acting under the 

directions and control of the City of Miami Gardens and were acting pursuant to the official policy, 

practice, or custom of the City of Miami Gardens.

89. After searching outside for several minutes, and finding no signs of forced entry or 

a crime in progress, the officers decided to enter the residence with guns drawn. The officers lacked 

probable cause for entering the residence and their entry was unlawful and unreasonable under the 

circumstances.

90. While conducting a search, the officers came across Derrick Campbell asleep face 

down in his bed. On information and belief, the officers did not turn on the lights. Derrick 

Campbell woke to multiple flashlights pointing in his eyes and dark figures looming over him with 

guns drawn. At this time, one officer indicated to the others that they had the “wrong guy.” Despite 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 21 of 30
19

Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

this warning, the officers proceeded to handcuff Derrick Campbell and continue to search the 

residence.

91. At all relevant times, the officers had an obligation to conduct their search—if 

any—in a reasonable way, and without causing foreseeable trauma or emotional distress to Derrick 

Campbell or any other occupant of the residence. 

92. The officers’ actions constitute a breach of their duty because the officers knew or 

should have known that waking Derrick in that manner—with flashlights obscuring his vision so 

that he could only see three dark figures over him with guns drawn—would be traumatic. 

Proceeding to handcuff Derrick despite knowledge that he was the “wrong guy” constitutes further 

negligent conduct that the officers knew or should have known would induce trauma. Moreover, 

the officers’ actions were unreasonable and unjustified under the circumstances.

93. As a result of his physical detention with handcuffs after being woken in his home 

at gunpoint by three officers of the Miami Gardens Police Department, Derrick Campbell suffered 

and continues to suffer severe psychological trauma in the form of night terrors, insomnia, panic 

attacks, and other injuries consistent with his diagnosed Post-Traumatic Stress Disorder.

WHEREFORE, Plaintiff demands judgement against Defendant for compensatory 

damages, costs, interest, attorneys’ fees, and such other relief as this Court deems appropriate.

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 22 of 30
20

Podhurst Orseck P.A.

One SE Third Avenue, Suite 2300, Miami, FL 33131 • Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.com

DEMAND FOR JURY TRIAL

The Plaintiff demands a trial by jury of all issues triable as of right.

Dated: March 31, 2020

Respectfully Submitted,

PODHURST ORSECK, P.A.

Attorneys for Plaintiff

One S.E. 3rd Avenue, Suite 2700

Miami, Florida 33131

(305) 358-2800/Fax (305) 358-2382

By:__/s/ Steven C. Marks________

 STEVEN C. MARKS

Fla. Bar No. 516414

smarks@podhurst.com

KRISTINA M. INFANTE

Fla Bar No. 112557

kinfante@podhurst.com

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 23 of 30
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

DIVISION 

 CIVIL CASE NUMBER: 

 DISTRICTS CIVIL COVER SHEET 

 FAMILY 

 OTHER JUDGE 

PLAINTIFF VS. DEFENDANT CLOCK IN 

The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or 

other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the 

purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) 

AMOUNT OF CLAIM 

Please indicate the estimated amount of the claim, rounded to the nearest dollar. $ 

TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive 

label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. 

 Condominium  Other 

 Contracts and Indebtedness  Antitrust/Trade Regulation 

 Eminent domain  Business Transactions 

 Auto Negligence  Circuit Civil - Not Applicable 

 Negligence - Other  Constitutional Challenge - Statute or Ordinance 

 Business Governance  Constitutional Challenge - Proposed amendment 

 Business Torts  Corporate Trust 

 Environmental/Toxin Tort  Discrimination - Employment or Other 

 Third Party Indemnification  Insurance claims 

 Construction Defect  Intellectual property 

 Mass Tort  Libel/Slander 

 Negligent Security  Shareholder derivative action 

 Nursing Home Negligence  Securities Litigation 

 Premises Liability - Commercial  Trade Secrets 

 Premises Liability - Residential  Trust Litigation 

 Products Liability 

 Real Property/Mortgage Foreclosure  County Civil 

 Commercial Foreclosure  Small Claims up to $8,000 

 Homestead Residential Foreclosure  Civil 

 Non-Homestead Residential Foreclosure  Replevins 

 Other Real Property Actions  Evictions 

 Professional Malpractice  Other civil (non-monetary) 

 Malpractice - Business 

 Malpractice - Medical 

 Malpractice - Other professional 

CLK/CT 96 Rev. 01/20 Clerk’s web address: www.miami-dadeclerk.com 

Filing # 105690660 E-Filed 03/31/2020 04:08:17 PM Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 24 of 30
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMPLEX BUSINESS COURT 

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the 

Administrative Order.  Yes  No 

REMEDIES SOUGHT (check all that apply): 

 Monetary; 

 Non-monetary declaratory or injunctive relief; 

 Punitive 

NUMBER OF CAUSES OF ACTION: [ ] 

(specify) 

IS THIS CASE A CLASS ACTION LAWSUIT? 

 Yes 

 No 

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? 

 No 

 Yes If “Yes”, list all related cases by name, case number, and court. 

IS JURY TRIAL DEMANDED IN COMPLAINT? 

 Yes 

 No 

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and 

that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. 

Signature Florida Bar # 

Attorney or party (Bar #, if attorney) 

(type or print name) Date 

CLK/CT 96 Rev. 01/20 Clerk’s web address: www.miami-dadeclerk.com 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 25 of 30
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET 

Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases, 

probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law 

Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil 

case other than those excepted above may result in sanctions. 

I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original 

complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of 

plaintiff(s) and defendant(s). 

II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount 

of the claim is requested for data collection and clerical processing purposes and is not considered dispositive of the 

claim. 

III. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most 

definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the 

category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form. 

Circuit Civil 

(A) Condominium - all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is 

a party. 

(B) Contracts and indebtedness - all contract actions relating to promissory notes and other debts, including those 

arising from sale of goods, but excluding contract disputes involving condominium associations. 

(C) Eminent domain - all matters relating to the taking of private property for public use, including inverse 

condemnation by state agencies, political subdivisions, or public service corporations. 

(D) Auto negligence - all matter arising out of a party’s allegedly negligent operation of a motor vehicle. 

(E) Negligence-other - all actions sounding in negligence, including statutory claims for relief on account of death or 

injury, that are not included in other main categories. 

(F) Business governance - all matters relating to the management, administration, or control of a company. 

(G) Business torts - all matters relating to liability for economic loss allegedly caused by interference with economic or 

business relationships. 

(H) Environmental/Toxic tort - all matters relating to claims that violations of environmental regulatory provisions or 

exposure to a chemical caused injury or disease. 

(I) Third party indemnification - all matters relating to liability transferred to a third party in a financial relationship. 

(J) Construction defect - all civil lawsuits in which damage or injury was allegedly caused by defects in the 

construction of a structure. 

(K) Mass tort - all matters relating to a civil action involving numerous plaintiffs against one or more defendants. 

(L) Negligent security - all matters involving injury to a person or property allegedly resulting from insufficient security. 

(M) Nursing home negligence - all matters involving injury to a nursing home resident resulting from negligence of 

nursing home staff or facilities. 

(N) Premises liability-commercial - all matters involving injury to a person or property allegedly resulting from a defect 

on the premises of a commercial property. 

(O) Premises liability-residential - all matters involving injury to a person or property allegedly resulting from a defect 

on the premises of a residential property. 

(P) Products liability - all matters involving injury to a person or property allegedly resulting from the manufacture or 

sale of a defective product or from a failure to warn. 

(Q) Real property/Mortgage foreclosure - all matters relating to the possession, title, or boundaries of real property. All 

matters involving foreclosures or sales of real property, including foreclosures associated with condominium 

associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee 

pursuant to section 28.241, Florida Statutes.) 

(R) Commercial foreclosure - all matters relating to the termination of a business owner’s interest in commercial 

property by a lender to gain title or force a sale to satisfy the unpaid dept secured by the property. 

(S) Homestead residential foreclosure - all matters relating to the termination of a residential property owner’s interest 

by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been 

granted a homestead exemption. 

CLK/CT 96 Rev. 01/20 Clerk’s web address: www.miami-dadeclerk.com 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 26 of 30
 

 

 

 

 

 

 

 

 

 

 

____________________________________________________________________________________________ 

(T) Non-homestead residential foreclosure - all matters relating to the termination of a residential property owner’s 

interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property 

has not been granted a homestead exemption. 

(U) Other real property actions - all matters relating to land, land improvements, or property rights not involving 

commercial or residential foreclosure. 

(V) Professional malpractice - all professional malpractice lawsuits. 

(W) Malpractice-business - all matters relating to a business’s or business person’s failure to exercise the degree of 

care and skill that someone in the same line of work would use under similar circumstances. 

(X) Malpractice-medical - all matters relating to a doctor’s failure to exercise the degree of care and skill that a 

physician or surgeon of the same medical specialty would use under similar circumstances. 

(Y) Malpractice-other professional - all matters relating to negligence of those other than medical or business 

professionals. 

(Z) Other - all civil matters not included in other categories. 

(AA) Antitrust/Trade regulation - all matters relating to unfair methods of competition or unfair or deceptive business 

acts or practices. 

(AB) Business transactions - all matters relating to actions that affect financial or economic interests. 

(AC) Constitutional challenge-statute or ordinance - a challenge to a statute or ordinance, citing a violation of the 

Florida Constitution. 

(AD) Constitutional challenge-proposed amendment - a challenge to a legislatively initiated proposed constitutional 

amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida 

Supreme Court has directed jurisdiction of such challenges. 

(AE) Corporate trust - all matters relating to the business activities of financial services companies or banks acting in a 

fiduciary capacity for investors. 

(AF) Discrimination-employment or other - all matters relating to discrimination, including employment, sex, race, age, 

handicap, harassment, retaliation, or wages. 

(AG) Insurance claims - all matters relating to claims filed with an insurance company. 

(AH) Intellectual property - all matters relating to intangible rights protecting commercially valuable products of the 

human intellect. 

(AI) Libel/Slander - all matters relating to written, visual, oral, or aural defamation of character. 

(AJ) Shareholder derivative action - all matters relating to actions by a corporation’s shareholders to protect and 

benefit all shareholders against corporate management for improper management. 

(AK) Securities litigation - all matters relating to the financial interest or instruments of a company or corporation. 

(AL) Trade secrets - all matters relating to a formula, process, device, or other business information that is kept 

confidential to maintain an advantage over competitors. 

(AM) Trust litigation - all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate 

proceedings. 

County Civil 

(AN) Civil – all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs, 

and attorney fees. 

(AO) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes, involving claims up to $30,000. 

(AP) Evictions—all matters involving the recovery of possession of leased land or rental property by process of law. 

(AQ) Other civil (non-monetary)—includes all other non-monetary county civil matters that were not described in other 

county civil categories. 

IV. Remedies Sought. Place an “X” in the appropriate box. If more than one remedy is sought in the complaint or 

petition, check all that apply. 

V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number 

and the name of the cause action. 

VI. Class Action. Place an “X” in the appropriate box. 

VII. Related Cases. Places an “X” in the appropriate box. 

VIII. Is the Jury Trial Demanded In Complaint? Check the appropriate box to indicate whether a jury trial is being 

demanded in the complaint. 

ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil 

cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is 

a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied 

with the requirements of Florida Rule of Judicial Administration 2.425. 

CLK/CT 96 Rev. 01/20 Clerk’s web address: www.miami-dadeclerk.com 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 27 of 30
CLK/CT. 914 Rev. 12/11 Clerk’s web address: www.miami-dadeclerk.com

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.

DIVISION

 CIVIL

 DISTRICTS 

 OTHER

WAIVER OF SERVICE OF PROCESS

(c) Forms for Services by Mail.

(2) Waiver of Service of Process.

CASE NUMBER

PLAINTIFF(S) VS. DEFENDANT(S) CLOCK IN

TO:

I acknowledge receipt of your request that I waive service of process in the lawsuit of ____________________________ v. 

_______________________________ in the  Circuit  County Court in ____________________. I have also received a copy of 

the complaint, two copies of this waiver, and a means by which I can return the signed waiver to you without cost to me.

I agree to save the cost of service process and an additional copy of the complaint in this lawsuit by not requiring that I, (or the entity 

on whose behalf I am acting), be served with judicial process in the manner provided by Fla. R. Civ. P.1.070.

If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, and my authority to accept service 

on behalf of such person or entity is as follows: I declare that my relationship to the entity or person to whom the notice was sent and 

my authority to accept service on behalf of such person or entity is as follows:

(describe relationship to person or entity and authority to accept service) _____________________________________________

_____________________________________________________________________________________________________.

I, (or the entity on whose behalf I am acting), will retain all defense or objections to the lawsuit or to the jurisdiction or venue of 

the court except for any objections based on a defect in the summons or in the service of the summons.

I understand that a judgment may be entered against me, (or the party on whose behalf I am acting), if a written response is not 

served upon you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process. 

DATED ON ____________________________

 _____________________________________________

 Defendant or Defendant’s Representative

AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

“If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of 

certain assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, 

Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, 

Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before 

your scheduled court appearance, or immediately upon receiving this notification if the 

time before the scheduled appearance is less than 7 days; if you are hearing or voice 

impaired, call 711.”

 

2020-007496-CA-01

Derrick Campbell CITY OF MIAMI GARDENS,

a Municipal Entity, Three Unknown

Officers of the City of Miami Gardens

Police Department, in their individual

capacities,

Steven C. Marks, Esq., Podhurst Orseck, One SE 3rd Ave., #2300, Miami, Florida

DERRICK CAMPBELL

CITY OF MIAMI GARDENS, a Municip Miami-Dade County

Attorney for CITY OF MIAMI GARDENS,

a Municipal Entity, Three Unknown Officers of the City of Miami Gardens Police Department, in their individual capacities

04/20/2020

Stephanie Pidermann, Esq.

Filing # 106446870 E-Filed 04/20/2020 01:01:21 PM Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 28 of 30
 IN THE CIRCUIT COURT OF THE 11TH 

 JUDICIAL CIRCUIT IN AND FOR 

 MIAMI-DADE COUNTY, FLORIDA 

DERRICK CAMPBELL 

 CASE NO.: 2020-007496-CA-01 

 Plaintiffs, 

v.. 

CITY OF MIAMI GARDENS, 

a Municipal Entity, Three Unknown 

Officers of the City of Miami Gardens 

Police Department, in their individual 

capacities, 

 Defendants. 

_________________________________/ 

DEFENDANTS’ 

NOTICE OF APPEARANCE AND DESIGNATION OF E-MAIL ADDRESSES 

 NOTICE IS HEREBY GIVEN that, Steven H. Johnson, Esquire, Stephanie Pidermann, 

Esquire, and Brandon Fernandez, Esquire and the law firm of Lydecker Diaz hereby enter this 

appearance as counsel for Defendants, CITY OF MIAMI GARDENS, a Municipal Entity, Three 

Unknown Officers of the City of Miami Gardens Police Department, in their individual 

capacities. 

 NOTICE IS ALSO HEREBY GIVEN, pursuant to Fla.R.Jud.Adm. 2.516(b)(1)(A), of the 

primary and secondary e-mail address for the undersigned counsel of the law firm, Lydecker 

Diaz appearing on behalf of Defendants. Service of all future pleadings, notices and orders 

should be made upon the designated counsel at the e-mail addresses provided below: 

Primary e-mail address for counsel Secondary e-mail address 

 

 Stephen H. Johnson, Esquire 

 shj@lydeckerdiaz.com 

 

 Stephanie Pidermann, Esquire 

 sp@lydeckerdiaz.com 

 Brandon L. Fernandez, Esquire 

 blf@lydeckerdiaz.com 

 

 Cindy Rivera 

 cr@lydeckerdiaz.com 

 Evelyn Valido 

 ev@lydeckerdiaz.com 

 

 Ilayda Gurler 

 igurler@lydeckerdiaz.com 

Filing # 106456293 E-Filed 04/20/2020 02:37:36 PM Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 29 of 30
CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that a true copy of the foregoing was served via E-Portal to 

smarks@podhurst.com and kinfante@podhurst.com, upon: Steven C. Marks, Esq., Attorney for 

Plaintiff, Podhurst Orseck, P.A., One S.E. 3rd Avenue, Suite 2700, Miami, FL 33131 on this 20th

day of April, 2020. 

 LYDECKER | DIAZ 

 Attorneys for Defendants 

 1221 Brickell Avenue, 19th Floor 

 Miami, Florida 33131 

 Telephone: (305) 416-3180 

 Facsimile: (305) 416-3190 

 

 By: /s/ Stephen H. Johnson, Esq. 

 STEPHEN HUNTER JOHNSON, ESQ. 

 Florida Bar No: 12362 

 shj@lydeckerdiaz.com 

 STEPHANIE PIDERMANN, ESQ. 

 Florida Bar No.: 60414 

 sp@lydeckerdiaz.com 

 BRANDON L. FERNANDEZ, ESQUIRE 

 Florida Bar No.: 1002969 

 E-mail: blf@lydeckerdiaz.com 

 

Case 1:20-cv-21919-FAM Document 1-1 Entered on FLSD Docket 05/07/2020 Page 30 of 30