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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. __________________

ELVIS JOSE PEREZ, an individual,

Plaintiff,

v.

CITY OF HIALEAH, a municipality;

YANDIER HERNANDEZ, ALEXANDER

ABREU CASTRO, JOSE ROMERO,

and LUIS ALBERTO SALCEDO, 

in their individual and official capacities 

and as City of Hialeah Police Officers,

Defendants.

_____________________________________/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, ELVIS JOSE PEREZ (hereinafter referred to as “ELVIS”), by and through his 

undersigned counsel, sues the Defendants, CITY OF HIALEAH (hereinafter referred to as 

“HIALEAH”), YANDIER HERNANDEZ (hereinafter referred to as “HERNANDEZ”), 

ALEXANDER ABREU CASTRO (hereinafter referred to as “CASTRO”), JOSE ROMERO

(hereinafter referred to as “ROMERO”), and LUIS ALBERTO SALCEDO (hereinafter referred 

to as “SALCEDO”), and as grounds therefor would show unto the Court as follows:

NATURE OF THE ACTION

1. This is an action for damages by ELVIS, a citizen of Hialeah, Florida and the United 

States, against HIALEAH and HIALEAH employee law enforcement officers HERNANDEZ, 

CASTRO, ROMERO, and SALCEDO who, at all times material to the instant Complaint, were 

employees of the City of Hialeah Police Department, to address the denial of certain constitutional 

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rights of ELVIS by the Defendants. Specifically, Officers HERNANDEZ, CASTRO, ROMERO, 

and SALCEDO unlawfully assaulted, battered and severely injured ELVIS when they physically 

choked, punched, and otherwise beat ELVIS in violation of his rights under the Fourth and 

Fourteenth Amendments to the United States Constitution. These individual police officers also, 

despite being witnesses to the actions of each other, failed to intervene to prevent the violation of 

ELVIS’ rights under the United States Constitution. This action is also brought, in part, for assault 

and battery against the individual defendants.

JURISDICTION AND VENUE

2. This action is brought, in part, pursuant to 42 U.S.C. § 1983, et seq. and involves 

violations of the Fourth and Fourteenth Amendments to the United States Constitution and the 

laws of the State of Florida.

3. The jurisdiction of this Court is predicated on 28 U.S.C. §§ 1331 and 1343(a)(3) 

and the supplemental jurisdiction of this Court under 28 U.S.C. § 1367(a).

4. Venue is appropriate in the Southern District of Florida because all the events 

giving rise to this suit occurred within the jurisdiction of the United States District Court for the 

Southern District of Florida. In connection with the acts, practices, and violations alleged herein, 

each Defendant, directly or indirectly, violated the constitutional rights of Plaintiff ELVIS. See 

28 U.S.C. § 1391. 

5. ELVIS seeks an award of compensatory and punitive damages as stated below for 

deprivations of his constitutional rights, permanent physical, mental, and emotional injuries, 

medical expenses, loss of enjoyment of life, court costs, and attorneys’ fees.

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PARTIES

6. Plaintiff, ELVIS JOSE PEREZ, at all times material hereto, was a resident of 

Hialeah, Florida and is otherwise sui juris.

7. Defendant, CITY OF HIALEAH, is a municipal entity of the State of Florida. 

HIALEAH operates and controls the City of Hialeah Police Department, its police officers, 

employees, agents and representatives, including, but not limited to, officers HERNANDEZ, 

CASTRO, ROMERO, and SALCEDO.

8. Defendant HIALEAH, as ultimate policy maker for the City of Hialeah Police 

Department, possessed the powers and duties to, among other things, conduct investigations of the 

City of Hialeah Police Department and its law enforcement officers’ affairs and to perform acts 

which are in the common interest of the people and visitors in Hialeah, Florida.

9. Defendant HIALEAH, as ultimate policy maker for the City of Hialeah Police 

Department, is responsible for staffing, supervising, managing, controlling, disciplining, and/or 

setting forth policies and procedures for the City of Hialeah Police Department to ensure that 

HIALEAH law enforcement officers are performing all of their duties and responsibilities with the 

highest level of proficiency, professionalism, and accountability, and within the confines of the 

United States Constitution and the laws of the State of Florida.

10. Defendant, YANDIER HERNADEZ, at all times material hereto, was a law 

enforcement officer for HIALEAH and is being sued in his individual capacity. At all times 

material hereto, HERNANDEZ’s badge number was 1891. At all times material hereto, Defendant 

HERNANDEZ, upon information and belief, was a resident of Miami-Dade County, Florida and 

is otherwise sui juris. 

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11. Defendant, ALEXANDER ABREU CASTRO, at all times material hereto, was a 

law enforcement officer for HIALEAH and is being sued in his individual capacity. At all times 

material hereto, CASTRO’s badge number was 1914. At all times material hereto, Defendant

CASTRO, upon information and belief, was a resident of Miami-Dade County, Florida and is 

otherwise sui juris. 

12. Defendant, JOSE ROMERO, at all times material hereto, was a law enforcement 

officer for HIALEAH and is being sued in his individual capacity. At all times material hereto, 

ROMERO’s badge number was 1963. At all times material hereto, Defendant ROMERO, upon 

information and belief, was a resident of Miami-Dade County, Florida and is otherwise sui juris. 

13. Defendant, LUIS ALBERTO SALCEDO, at all times material hereto, was a law 

enforcement officer for HIALEAH and is being sued in his individual capacity. At all times 

material hereto, SALCEDO’s badge number was 1953. At all times material hereto, Defendant 

SALCEDO, upon information and belief, was a resident of Miami-Dade County, Florida and is 

otherwise sui juris. 

FACTUAL ALLEGATIONS

A. Factual Allegations Leading Up to The Incident 

14. ELVIS was born on March 22, 1991 in Cuba and immigrated to the United States 

of America with his family nine years later in 2000. 

15. As a child and through present day, ELVIS has and still suffers from mental illness. 

His mental illness is generally controlled by prescription medications.

16. Leading up to the incident material to the instant Complaint, ELVIS was losing his 

battle with mental illness. As a result, his loving mother, on June 12, 2016, seeking to protect her 

son, called the City of Hialeah Police to have ELVIS involuntarily committed to a mental hospital, 

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i.e., Baker Acted. ELVIS was taken to Larkin Community Hospital to undergo evaluation and 

treatment of his serious mental condition. 

17. While at Larkin Community Hospital, ELVIS was kept waiting for hours before 

being seen by any medical professional. ELVIS did not understand why he was taken to Larkin 

Community Hospital and, therefore, while left unattended, sought to leave the hospital believing

at the time that he was free to do so. 

18. ELVIS walked out of the front entrance of Larkin Community Hospital, traversed 

the parking lot several times, and then went back into the hospital to call his mother to pick him 

up. The hospital staff knew that ELVIS was mentally ill and, upon information and belief, relayed 

that information to the City of Hialeah Police Department. 

19. Defendant HERNANDEZ was first to arrive at Larkin Community Hospital to 

confront ELVIS for his failure to go back inside the examination room. Just prior to 

HERNANDEZ’s arrival, ELVIS asked a Larkin Community Hospital employee to use their 

telephone to call his mother. The Larkin Community Hospital employee allowed ELVIS to use 

their phone and, in fact, ELVIS was in the process of calling his mother when initially confronted 

by HERNANDEZ. 

B. Elvis Is Unlawfully Assaulted, Battered, And Severely Beaten by The Defendant 

Officers 

20. Immediately upon arrival, HERNANDEZ approached ELVIS and ordered him to 

get off of the phone. ELVIS, believing he could be on the phone because the Larkin Community 

Hospital employee gave him permission to use it, put one finger up as if to say “one moment” to 

HERNANDEZ. That one finger would prove life changing for ELVIS. 

21. Within just four seconds of asking HERNANDEZ to wait one moment, 

HERNANDEZ, unreasonably and without provocation, without any imminent threat of danger or 

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any emergent situation, grabbed ELVIS by the neck, and engaged in the excessive use of force by 

forcibly slamming ELVIS to the ground and choking him. ELVIS, not having the mental 

awareness of why HERNANDEZ was on top of him, began to squirm, and a short scuffle ensued. 

22. Within 34 seconds, ELVIS was unconscious and lying on his stomach with his 

hands behind his back. HERNANDEZ was on top of ELVIS in control of his hands—seemingly 

ready to handcuff him—and a Larkin Community Hospital employee was holding ELVIS’ legs in 

place. After lying still on his stomach with his hands behind his back for 36 seconds, ELVIS 

regained consciousness. Totally unaware of what had happened and unable to understand why 

there were people on top of him and, fearing for his life, ELVIS began to struggle to get loose. 

23. At this point, several other Larkin Community Hospital employees quickly jumped 

on top of ELVIS and attempted to restrain him, which only caused ELVIS to believe that he was 

under attack. Over the next approximately 90 seconds, a physical struggle/altercation occurred. 

During the tussle, HERNANDEZ’s gun became unattached from his holster and a shot was 

inadvertently fired, grazing HERNANDEZ’s leg. HERNANDEZ, upon information and belief, 

immediately made a distress call to the City of Hialeah Police Department for backup. 

24. Within minutes, officers ROMERO and SALCEDO arrived on scene. By this time, 

ELVIS was entirely subdued and restrained, lying face down on his stomach with his hands cuffed 

behind his back. ROMERO and SALCEDO immediately began applying intense pressure to the 

back of ELVIS’ head against the tile floor. ELVIS, by this time, was restrained and lying on his 

stomach completely still. 

25. After approximately three minutes, CASTRO came running onto the scene. 

26. CASTRO stood beside ELVIS while ROMERO and SALCEDO began to hog tie 

ELVIS. ELVIS suddenly flinched while being hog tied and within one second CASTRO, 

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unreasonably and without provocation, without any imminent threat of danger or any emergent 

situation, engaged in the excessive use of force and put his knee on the back of ELVIS’ head and 

began to apply his full body weight in a crushing fashion. Seconds later, again unreasonably and 

without provocation, without any imminent threat of danger or any emergent situation, ROMERO 

began punching ELVIS’ abdomen area and CASTRO began punching ELVIS in the face numerous 

times – all while ELVIS was lying face down on his stomach, fully restrained by cuffs and zip ties

and detained by multiple police officers.

27. SALCEDO, meanwhile, stood by and did absolutely nothing to intervene and 

prevent ROMERO and CASTRO from inflicting further harm upon ELVIS. 

28. CASTRO violently punched ELVIS’ face over and over again only to be stopped 

by a fellow officer, non-party City of Hialeah Officer Roger Garcia, who physically and forcibly 

held CASTRO’s arms to prevent him from further needlessly punching ELVIS’ face. In fact, 

Officer Garcia told CASTRO in that moment that the entire incident was being recorded on the 

Larkin Community Hospital surveillance video cameras, which, upon information and belief, is 

the only reason CASTRO ceased inflicting unconscionable amounts of harm upon ELVIS. 

29. Once the physical abuse finally stopped, ELVIS laid on the hospital floor severely 

beaten, battered, and bloodied. The amount of blood coming from ELVIS’ face was so substantial 

that a Larkin Community Hospital medical professional had to tend to his wounds immediately. 

30. When ELVIS was first approached by HERNANDEZ, ELVIS had no visible 

injuries to his face or body. By the time HERNANDEZ, CASTRO, ROMERO and SALCEDO 

were done “restraining” him, ELVIS had a broken nose, broken ribs, and his face was swollen so 

badly he was hardly recognizable. 

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31. At no time did ELVIS threaten any of the officer Defendants or make any 

movement or gesture which would create the fear of imminent physical harm or contact to any 

officer Defendant. Certainly, by the time ELVIS was physically restrained and lying hand cuffed 

on his stomach and surrounded my multiple law enforcement officers, he did not make any 

movement or gesture which would create the fear of imminent physical harm or contact to any 

officer Defendant. 

32. Defendants HERNANDEZ, CASTRO, ROMERO and SALCEDO unreasonably 

and without provocation, without any imminent threat of danger or any emergent situation, and 

without any supervisory authority, engaged in the excessive use of force to exact needless physical 

punishment on ELVIS.

33. After ELVIS was beaten to a pulp, he was lifted onto a gurney and ROMERO began 

pushing his mask forcibly onto ELVIS’ face and against his bloodied, broken nose to inflict even 

more harm. ELVIS was then wheeled into a hospital room and again, unreasonably and without 

provocation, without any imminent threat of danger or any emergent situation, and now after he 

was battered, bloodied, beaten and entirely restrained, certain police officers, including, upon 

information and belief, Defendant SALCEDO, began punching ELVIS in the stomach to inflict 

further physical punishment and harm. 

34. As a result of HERNANDEZ, CASTRO, ROMERO and SALCEDO’s excessive 

use of force and/or blatant failure to intervene, ELVIS sustained severe and permanent injuries to 

his face and body including contusions to the face, a broken nose, and broken ribs. 

35. As a further result of HERNANDEZ, CASTRO, ROMERO and SALCEDO’s

actions and/or inactions, including the violations of HIALEAH policies and procedures and Florida 

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Statutory Law, ELVIS sustained physical and emotional abuse and harm, intimidation, 

humiliation, and embarrassment.

36. At the aforesaid time and place, HERNANDEZ wrongfully exerted excessive force, 

physically assaulted and battered ELVIS and unreasonably subjected ELVIS to acts of physical 

and emotional harm as punishment for refusing to put down a telephone.

37. At the aforesaid time and place, CASTRO wrongfully exerted excessive force, 

physically assaulted and battered ELVIS and unreasonably subjected ELVIS to acts of physical 

and emotional harm.

38. At the aforesaid time and place, ROMERO wrongfully exerted excessive force, 

physically assaulted and battered ELVIS and unreasonably subjected ELVIS to acts of physical 

and emotional harm.

39. At the aforesaid time and place, SALCEDO wrongfully exerted excessive force, 

physically assaulted and battered ELVIS and unreasonably subjected ELVIS to acts of physical 

and emotional harm.

40. CASTRO was present during the unreasonable and unprovoked attack on ELVIS 

and took no action to intervene or otherwise stop the unreasonable physical assault on ELVIS.

41. ROMERO was present during the unreasonable and unprovoked attack on ELVIS 

and took no action to intervene or otherwise stop the unreasonable and illegal physical assault on 

ELVIS.

42. SALCEDO was present during the unreasonable and unprovoked attack on ELVIS 

and took no action to intervene or otherwise stop the unreasonable and illegal physical assault on 

ELVIS.

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43. At no time did ELVIS commit any offense against the laws of the State of Florida 

including any such crime or violation of Florida Statutes for which the use of force as described 

herein may be lawfully justified.

44. At all times material hereto, ELVIS was unarmed and not a threat to the Defendants.

45. At all times material hereto, HIALEAH was on notice of the fact that a pattern and 

practice of excessive force existed within the HIALEAH Police Department, and that members of 

the citizenry are the victims of excessive force committed by HIALEAH police officers in violation 

of the Fourth Amendment.

46. HIALEAH’s police officers are allowed to commit excessive force with impunity 

knowing that the officers are unlikely to face disciplinary actions as a result of their use of 

excessive force based on the HIALEAH police department’s failure to remedy a pattern of 

constitutional violations that continue to occur at the hands of the HIALEAH officers.

47. Defendants HERNANDEZ, CASTRO, ROMERO and SALCEDO are comfortable 

in the knowledge that any acts of excessive force that they commit are unlikely to result in

discipline even when the act of excessive force occurs while acting within the course and scope of 

their employment. Therefore, the lack of discipline for excessive force allowed Defendants 

HERNANDEZ, CASTRO, ROMERO and SALCEDO to commit excessive force against ELVIS

because they knew that official reprisals for their actions against ELVIS would be unlikely or nonexistent.

48. Indeed, it is not believed that Defendants HERNANDEZ, CASTRO, ROMERO 

and SALCEDO faced any consequences or discipline as a result of the acts of excessive force 

described herein, despite the existence and possession by HIALEAH of surveillance video 

capturing same.

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49. HIALEAH is on notice through the clear action of excessive force committed 

against ELVIS in this action. 

50. At all times material hereto, there was a pervasive failure by HIALEAH, by and 

through its officers, agents, and employees, specifically the HIALEAH Police Department, as 

ultimate policy maker and/or enforcer for HIALEAH’s officers, to train, discipline, and eradicate 

a widespread abuse of systemic constitutional excessive force violations that although not

authorized by written law or express municipal policy are so permanent and well settled as to 

constitute a custom or usage with the force of law.

51. At all times material hereto, there existed in the HIALEAH police department a de 

facto policy or custom of permitting excessive force by its police officers which rose to the level 

of a constitutional violation based on an ongoing pattern of constitutional excessive force 

violations under the Fourth Amendment that the HIALEAH Police Department failed to remedy.

52. Further, HIALEAH was on notice of the fact that as a major metropolitan area, the 

use of force by its patrol officers is an inevitable occurrence. As such HIALEAH has a duty to 

ensure that its officers and deputies are adequately trained in the use of force. However, previous 

incidents by HIALEAH police officers placed HIALEAH on notice that more training in the area 

of force was necessary.

53. HIALEAH has failed to have live training exercises to train its patrol officers on 

the use of excessive force in tense real life circumstances. As a result, officers unconstitutionally 

engage in excessive force, manhandling detained individuals as a means of punishment causing 

unwarranted escalation of events, serious injury and/or death.

54. HIALEAH patrol officers do not have the necessary training to know when facts 

have arisen to cause them to reasonably believe that excessive force is necessary to prevent serious 

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injury to themselves and others. Without adequate training on the tense ever changing 

circumstances of real-life encounters, HIALEAH patrol officers inflict unnecessary and 

unreasonable force upon individuals and detainees because they have inadequate training to help 

them to rationally assess a situation as an imminent threat of harm.

55. HIALEAH’s actions and inactions described above were taken under color of law 

and in violation of the Constitution of the United States and 42 U.S.C. § 1983.

56. As a direct result of the actions of HIALEAH and Defendants HERNANDEZ, 

CASTRO, ROMERO and SALCEDO, ELVIS suffered a violation of his constitutional rights 

under the Fourth and Fourteenth Amendments to the United States Constitution, severe and 

permanent injuries, pain and suffering, expenses of hospitalization and medical care in the past 

and future, loss of the ability to enjoy life, and aggravation of a preexisting condition.

COUNT I

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

EXCESSIVE USE OF FORCE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against HERNANDEZ, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

57. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant HERNANDEZ by subjecting ELVIS to the excessive use of force.

58. At all times material hereto, Defendant HERNANDEZ was acting under color of

state law and pursuant to the official custom, course, and policy of the HIALEAH Police 

Department.

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59. At all times material hereto,ELVIS maintained the right to be free fromthe excessive 

use of force, a protected right under the Fourth and Fourteenth Amendments of the United States 

Constitution.

60. The actions of the Defendant HERNANDEZ, as described above, involved the use 

of excessive force, which violated ELVIS’ Fourth and Fourteenth Amendment Rights, pursuant to 

the United States Constitution. 

61. Defendant HERNANDEZ violated 42 U.S.C. § 1983 by intentionally and 

unnecessarily physically attacking ELVIS without provocation in a manner that was 

disproportionate to the force necessary.

62. The use of force at the level used herein was objectively unreasonable under the 

circumstances. More specifically, at the time Defendant HERNANDEZ grabbed ELVIS by the 

neck and forcibly slammed ELVIS to the ground and choked him, ELVIS was merely a patient at 

a hospital attempting to use a telephone provided to him by hospital staff and had not taken any

action against HERNANDEZ or anybody else that would cause HERNANDEZ or anybody else

to feel threatened or fear any imminent physical harm to justify the use of force as described herein.

63. Defendant HERNANDEZ, while acting in his capacity as a law enforcement officer

fortheHIALEAH Police Department and under color of law, used excessive force to punish ELVIS 

who was unarmed and posed no real threat of serious injury or bodily harm to Defendant 

HERNANDEZ or anybody else.

64. All of the acts described herein deprived ELVIS of rights secured to him by the

United States Constitution; specifically, the right secured to ELVIS by the Fourth Amendment to 

theUnited States Constitution to not being subjected to the excessive use of force.

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65. As a direct and proximate result of the unconstitutional act of Defendant 

HERNANDEZ, Plaintiff ELVIS suffered deprivations of his constitutional rights, severe, grievous 

and permanent injuries,disfigurement, physical andmentalpain andsuffering, grief,mental anguish,

emotional distress, loss of capacity for the enjoyment of life, and/or permanent aggravation of a 

preexisting condition and further incurred medical bills and other bills as a result of such injuries; 

such injuries are either permanent or are continuing in nature and ELVIS will suffer such losses in 

the future.

66. The acts of the Defendant HERNANDEZ, as described herein, have forced Plaintiff

ELVIS to retain the undersigned attorneys and to pay thema reasonable fee, which ELVIS is entitled 

to recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant HERNANDEZ 

for all compensatory damages and punitive damages together with attorneys’ fees and costs

pursuant to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demandstrial by jury of all issues

triable as amatter of right, and all such other and further relief as this Court deems just and proper.

COUNT II

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

EXCESSIVE USE OF FORCE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against CASTRO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

67. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant CASTRO by subjecting ELVIS to the excessive use of force.

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68. At all times material hereto, Defendant CASTRO was acting under color ofstate law

and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

69. At all times material hereto,ELVIS maintained the right to be free fromthe excessive 

use of force, a protected right under the Fourth and Fourteenth Amendments of the United States 

Constitution.

70. The actions of the Defendant CASTRO, as described above, involved the use of 

excessive force, which violated ELVIS’ Fourth and Fourteenth Amendment Rights, pursuant to 

the United States Constitution. 

71. Defendant CASTRO violated 42 U.S.C. § 1983 by intentionally and unnecessarily 

physically attacking ELVIS without provocation in a manner that was disproportionate to the force 

necessary.

72. The use of force at the level used herein was objectively unreasonable under the 

circumstances. More specifically, at the times when Defendant CASTRO first forcibly put his 

knee on the back of ELVIS’ head and began to apply his full body weight in a crushing fashion 

and then repeatedly punched ELVIS in the face, ELVIS was face down on the ground, hand-cuffed 

and zip tied and physically restrained and detained by multiple police officers, and had not taken 

any action against CASTRO or any other officer that would cause Defendant CASTRO or any 

other officer to feel threatened or fear any imminent physical harm to justify the use of force as 

described herein.

73. Defendant CASTRO, while acting in his capacity as a lawenforcement officerforthe

HIALEAH Police Department and under color of law, used excessive force to punish ELVIS who 

was unarmed, restrained, detained on the ground by multiple police officers, and posed no real 

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threat of serious injury or bodily harm to Defendant CASTRO or any other HIALEAH Police 

Department officers.

74. All of the acts described herein deprived ELVIS of rights secured to him by the

United States Constitution; specifically, the right secured to ELVIS by the Fourth Amendment to 

theUnited States Constitution to not being subjected to the excessive use of force.

75. As a direct and proximate result of the unconstitutional act of Defendant CASTRO, 

Plaintiff ELVIS suffered deprivations of his constitutional rights, severe, grievous and permanent 

injuries, disfigurement, physical and mental pain and suffering, grief, mental anguish, emotional

distress, loss of capacity for the enjoyment of life, and/or permanent aggravation of a preexisting 

condition and further incurred medical bills and other bills as a result of such injuries; such injuries 

are either permanent or are continuing in nature and ELVIS will suffer such losses in the future.

76. The acts of the Defendant CASTRO, as described herein, have forced Plaintiff 

ELVIS to retain the undersigned attorneys and to pay thema reasonable fee, which ELVIS is entitled 

to recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant CASTRO for all 

compensatory damages and punitive damages together with attorneys’ fees and costs pursuant to

42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable as

a matter of right, and all such other and further relief as this Court deems just and proper.

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COUNT III

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

EXCESSIVE USE OF FORCE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against ROMERO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

77. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant ROMERO by subjecting ELVIS to the excessive use of force.

78. At all timesmaterial hereto, DefendantROMERO was acting under color ofstate law

and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

79. At all times material hereto,ELVIS maintained the right to be free fromthe excessive 

use of force, a protected right under the Fourth and Fourteenth Amendments of the United States 

Constitution.

80. The actions of the Defendant ROMERO, as described above, involved the use of 

excessive force, which violated ELVIS’ Fourth and Fourteenth Amendment Rights, pursuant to 

the United States Constitution. 

81. Defendant ROMERO violated 42 U.S.C. § 1983 by intentionally and unnecessarily 

physically attacking ELVIS without provocation in a manner that was disproportionate to the force 

necessary.

82. The use of force at the level used herein was objectively unreasonable under the 

circumstances. More specifically, at the time Defendant ROMERO repeatedly punched ELVIS, 

ELVIS was face down on the ground, hand-cuffed and zip tied and physically restrained and 

detained by multiple police officers, and had not taken any action against ROMERO or any other 

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officer that would cause Defendant ROMERO or any other officer to feel threatened or fear any

imminent physical harm to justify the use of force as described herein.

83. Defendant ROMERO, while acting in his capacity as a law enforcement officer for

the HIALEAH Police Department and under color of law, used excessive force to punish ELVIS 

who was unarmed, restrained, detained on the ground by multiple police officers, and posed no 

real threat of serious injury or bodily harm to Defendant ROMERO or any other HIALEAH Police 

Department officers.

84. All of the acts described herein deprived ELVIS of rights secured to him by the

United States Constitution; specifically, the right secured to ELVIS by the Fourth Amendment to 

theUnited States Constitution to not being subjected to the excessive use of force.

85. As a direct and proximate result of the unconstitutional act of Defendant ROMERO, 

Plaintiff ELVIS suffered deprivations of his constitutional rights, severe, grievous and permanent 

injuries, disfigurement, physical and mental pain and suffering, grief, mental anguish, emotional

distress, loss of capacity for the enjoyment of life, and/or permanent aggravation of a preexisting 

condition and further incurred medical bills and other bills as a result of such injuries; such injuries 

are either permanent or are continuing in nature and ELVIS will suffer such losses in the future.

86. The acts of the Defendant ROMERO, as described herein, have forced Plaintiff 

ELVIS to retain the undersigned attorneys and to pay thema reasonable fee, which ELVIS is entitled 

to recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant ROMERO for

all compensatory damages and punitive damages together with attorneys’ fees and costs pursuant

to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable

as a matter of right, and all such other and further relief as this Court deems just and proper.

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COUNT IV

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

EXCESSIVE USE OF FORCE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against SALCEDO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

87. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant SALCEDO by subjecting ELVIS to the excessive use of force.

88. At all times material hereto, Defendant SALCEDO was acting under color of state

law and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

89. At all times material hereto,ELVIS maintained the right to be free fromthe excessive 

use of force, a protected right under the Fourth and Fourteenth Amendments of the United States 

Constitution.

90. The actions of the Defendant SALCEDO, as described above, involved the use of 

excessive force, which violated ELVIS’ Fourth and Fourteenth Amendment Rights, pursuant to 

the United States Constitution. 

91. Defendant SALCEDO violated 42 U.S.C. § 1983 by intentionally and 

unnecessarily physically attacking ELVIS without provocation in a manner that was 

disproportionate to the force necessary.

92. The use of force at the level used herein was objectively unreasonable under the 

circumstances. More specifically, at the time Defendant SALCEDO repeatedly punched ELVIS, 

ELVIS was hand-cuffed and zip tied and physically restrained and detained by multiple police 

officers, and had not taken any action against SALCEDO or any other officer that would cause 

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Defendant SALCEDO or any other officer to feel threatened or fear any imminent physical harm 

to justify the use of force as described herein.

93. Defendant SALCEDO, while acting in his capacity as a law enforcement officer for

the HIALEAH Police Department and under color of law, used excessive force to punish ELVIS 

who was unarmed and restrained by multiple police officers, and posed no real threat of serious 

injury or bodily harm to Defendant SALCEDO or any other HIALEAH Police Department 

officers.

94. All of the acts described herein deprived ELVIS of rights secured to him by the

United States Constitution; specifically, the right secured to ELVIS by the Fourth Amendment to 

theUnited States Constitution to not being subjected to the excessive use of force.

95. As a direct and proximate result of the unconstitutional act of Defendant 

SALCEDO, Plaintiff ELVIS suffered deprivations of his constitutional rights, severe, grievous 

and permanent injuries,disfigurement, physical andmentalpain andsuffering, grief,mental anguish,

emotional distress, loss of capacity for the enjoyment of life, and/or permanent aggravation of a 

preexisting condition and further incurred medical bills and other bills as a result of such injuries; 

such injuries are either permanent or are continuing in nature and ELVIS will suffer such losses in 

the future.

96. The acts of the Defendant SALCEDO, as described herein, have forced Plaintiff 

ELVIS to retain the undersigned attorneys and to pay thema reasonable fee, which ELVIS is entitled 

to recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant SALCEDO for

all compensatory damages and punitive damages together with attorneys’ fees and costs pursuant

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to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable

as a matter of right, and all such other and further relief as this Court deems just and proper.

COUNT V

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

FAILURE TO INTERVENE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against CASTRO Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

97. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant CASTRO for failing to intervene to prevent Defendants ROMERO 

and SALCEDO from violating the constitutional rights of ELVIS.

98. Law enforcement officers have an affirmative duty to intervene when the officer is 

aware of constitutional violations in their presence and must take reasonable steps to protect the

victim of another officer’s use of excessive force.

99. As described above, Defendant CASTRO failed to prevent excessive force from 

being committed against ELVIS when he had a reasonable opportunity to do so. 

100. Defendant CASTRO’s failure to intervene is a violation of the Fourth Amendment 

and as such is actionable under 42 U.S.C. § 1983.

101. At all times material hereto, Defendant CASTRO was acting under color ofstate law

and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

102. At all times material hereto, Plaintiff ELVIS maintained the right to be free from the

excessive use of force – a protected right under the Fourth and Fourteenth Amendments of the 

United States Constitution.

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103. As a direct and proximate result of the unconstitutional act of Defendant CASTRO, 

Plaintiff ELVIS has been caused to suffer deprivations of his constitutional rights, severe, grievous 

and permanent injuries, disfigurement, physical and mental pain and suffering, grief, mental 

anguish, emotional distress, loss of capacity for the enjoyment of life, and/or permanent aggravation

of a preexisting condition and furtherincurredmedical bills and other bills as a result ofsuch injuries;

such injuries are either permanent or are continuing in nature and ELVIS will suffer such losses in 

the future.

104. The failure to intervene by Defendant CASTRO has forced Plaintiff ELVIS to 

retain the undersigned attorneys and to pay them a reasonable fee, which ELVIS is entitled to 

recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant CASTRO for all 

compensatory damages and punitive damages together with attorneys’ fees and costs pursuant to

42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable as

a matter of right, and all such other and further relief as this Court deems just and proper.

COUNT VI

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

FAILURE TO INTERVENE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against ROMERO Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

105. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant ROMERO for failing to intervene to prevent Defendants CASTRO 

and SALCEDO from violating the constitutional rights of ELVIS.

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106. Law enforcement officers have an affirmative duty to intervene when the officer is 

aware of constitutional violations in their presence and must take reasonable steps to protect the

victim of another officer’s use of excessive force.

107. As described above, Defendant ROMERO failed to prevent excessive force from 

being committed against ELVIS when he had a reasonable opportunity to do so.

108. Defendant ROMERO’s failure to intervene is a violation of the Fourth Amendment 

and as such is actionable under 42 U.S.C. § 1983.

109. At all timesmaterial hereto, DefendantROMERO was acting under color ofstate law

and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

110. At all times material hereto, Plaintiff ELVIS maintained the right to be free from the

excessive use of force – a protected right under the Fourth and Fourteenth Amendments of the 

United States Constitution.

111. As a direct and proximate result of the unconstitutional act of Defendant ROMERO, 

Plaintiff ELVIS has been caused to suffer deprivations of his constitutional rights, severe, grievous 

and permanent injuries, disfigurement, physical and mental pain and suffering, grief, mental 

anguish, emotional distress, loss of capacity for the enjoyment of life, and/or permanent aggravation

of a preexisting condition and furtherincurredmedical bills and other bills as a result ofsuch injuries;

such injuries are either permanent or are continuing in nature and ELVIS will suffer such losses in 

the future.

112. The failure to intervene by Defendant ROMERO has forced Plaintiff ELVIS to 

retain the undersigned attorneys and to pay them a reasonable fee, which ELVIS is entitled to 

recover pursuant to 42 U.S.C. § 1988.

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WHEREFORE, Plaintiff ELVIS demands judgment against Defendant ROMERO for

all compensatory damages and punitive damages together with attorneys’ fees and costs pursuant

to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable

as a matter of right, and all such other and further relief as this Court deems just and proper.

COUNT VII

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM 

FAILURE TO INTERVENE

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against SALCEDO Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

113. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant SALCEDO for failing to intervene to prevent Defendants CASTRO 

and ROMERO from violating the constitutional rights of ELVIS.

114. Law enforcement officers have an affirmative duty to intervene when the officer is 

aware of constitutional violations in their presence and must take reasonable steps to protect the

victim of another officer’s use of excessive force.

115. As described above, Defendant SALCEDO failed to prevent excessive force from 

being committed against ELVIS when he had a reasonable opportunity to do so.

116. Defendant SALCEDO’s failure to intervene is a violation of the Fourth Amendment 

and as such is actionable under 42 U.S.C. § 1983.

117. At all times material hereto, Defendant SALCEDO was acting under color of state

law and pursuant to the official custom, course, and policy of the HIALEAH Police Department.

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118. At all times material hereto, Plaintiff ELVIS maintained the right to be free from the

excessive use of force – a protected right under the Fourth and Fourteenth Amendments of the 

United States Constitution.

119. As a direct and proximate result of the unconstitutional act of Defendant 

SALCEDO, Plaintiff ELVIS has been caused to suffer deprivations of his constitutional rights, 

severe, grievous and permanent injuries, disfigurement, physical and mental pain and suffering, 

grief, mental anguish, emotional distress, loss of capacity for the enjoyment of life, and/or

permanent aggravation of a preexisting condition and further incurred medical bills and other bills

as a result ofsuch injuries;such injuries are either permanent or are continuing in nature and ELVIS 

will suffer such losses in the future.

120. The failure to intervene by Defendant SALCEDO has forced Plaintiff ELVIS to 

retain the undersigned attorneys and to pay them a reasonable fee, which ELVIS is entitled to 

recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant SALCEDO for

all compensatory damages and punitive damages together with attorneys’ fees and costs pursuant

to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable

as a matter of right, and all such other and further relief as this Court deems just and proper.

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COUNT VIII

42 U.S.C. § 1983 – CIVIL RIGHTS VIOLATION CLAIM

Violation of the Fourth and Fourteenth Amendments to the United States Constitution

(Against HIALEAH)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

121. Plaintiff ELVIS seeks relief under the Federal Civil Rights Act, 42 U.S.C. § 1983 

for deprivation of certain constitutional and fundamental rights under the Fourth and Fourteenth 

Amendments by Defendant, HIALEAH, by and through its final policy makers, officers, agents, 

servants,and/or employees, in connection with the unconstitutional use of excessive force.

122. At all times material hereto, Defendants HERNANDEZ, CASTRO, ROMERO, and 

SALCEDO were acting under color of state law and pursuant to the official custom, course, and 

policy of the HIALEAH Police Department.

123. All of the acts described herein deprived Plaintiff ELVIS of rights secured to him 

by the United States Constitution; specifically, the right secured to ELVIS by the Fourth and 

Fourteenth Amendments to the United States Constitution to not being subjected to the excessive 

use of force.

124. At all times material hereto, Defendant HIALEAH encouraged, permitted, 

tolerated, and ratified a pattern and practice of unjustified, unreasonable, and illegal use of force

against citizens and detainees by officers in that:

(a) Defendant HIALEAH failed to prosecute or use discipline in 

circumstances involving the obvious excessive use of force;

(b) Defendant HIALEAH refused to investigate complaints of previous 

incidents involving wrongful and excessive use of force and instead, officially 

claimed that such incidents were justified and proper;

(c) Defendant HIALEAH, by means of both inaction and cover up of such 

incidents, encouraged officers and deputies employed by it to believe that 

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unwarranted use of force was acceptable to the HIALEAH Police Department, 

and its final policy makers, officers, agents, and/or employees.

125. Defendant HIALEAH has maintained no (or an inadequate) system of review for 

use of force incidents; this lack of a system or inadequate system has resulted in a failure to identify 

instances of excessive use of force or to discipline, more closely supervise, or retrain officers and

deputies who engaged in improper and excessive use of force.

126. Upon information and belief, these systemic deficiencies include but are not limited

to:

(a) Preparation of investigative reports that are designed to vindicate the use 

of force, regardless of whether such use is justified;

(b) Failure to maintain an adequate early warning system;

(c) Preparation of investigative reports which uncritically rely solely on the 

word of officers and deputies involved in incidents and which

systematically fail to credit testimony by non-police officer witnesses and

victims;

(d) Preparation of investigative reports which omit factual information and 

physical evidence that contradicts the accounts of the officers involved;

(e) Issuance of public statements exonerating officers and deputies involved 

in such incidents prior to conducting a full and fair investigation; and

(f) Failure to review investigative reports by responsible superior officers for

accuracy or completeness and acceptance of conclusions which are 

unwarranted by the evidence or which contradict such evidence.

127. Defendant HIALEAH also maintains a system of grossly inadequate training

pertaining to the law of permissible use of force.

128. The lack of training in detention scenarios and real-life encounters caused 

Defendants HERNANDEZ, CASTRO, ROMERO, and SALCEDO to not have the acumen to 

understand that no factors existed to allow for the implementation of force.

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129. The lack of training by HIALEAH to Defendants HERNANDEZ, CASTRO, 

ROMERO, and SALCEDO wasinadequate and caused these Defendantsto physically assault and 

violently beat ELVIS, including while handcuffed and held face down on the ground, thereby 

causing ELVIS severe and permanent injuries.

130. Defendant HIALEAH violated Plaintiff ELVIS’ Fourth Amendment rights by

allowing a custom of excessive force against the citizenry for years prior to the subject incident 

involving ELVIS. The commission of excessive force by HIALEAH, by and through its officers

and deputies, became an unwritten policy of HIALEAH, through its continued pervasiveness by 

the HIALEAH Police Department without any meaningful sanctions by HIALEAH for the use of 

excessive force by HIALEAH Police Department officers.

131. Defendants HERNANDEZ, CASTRO, ROMERO, and SALCEDO were free to 

commit excessive force knowing that HIALEAH would not sanction any excessive force they 

committed. Thus, when Defendants without any forethought engaged in physically assaulting 

ELVIS, without provocation or engagement by ELVIS that would place them in imminent harm or

in an emergent situation, they would be comfortable in knowing that their job was not at risk and 

that no sanctions or discipline would follow.

132. The pervasive nature of excessive force within the HIALEAH Police Department 

caused injury to Plaintiff ELVIS at the hands of HIALEAH Police Department officers who had

no fear of reprisals from their unconstitutional actions thereby resulting in their excessive use of 

force and punishment of ELVIS.

133. The acts, omissions, and systemic deficiencies as described herein are policies, 

practices, and customs of HIALEAH, which had the result of teaching HIALEAH Police 

Department officers, including Defendants HERNANDEZ, CASTRO, ROMERO, and 

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SALCEDO, that they could use whatever force they felt necessary against citizens and detainees, 

regardless of the law, with impunity.

134. Defendant HIALEAH, by and through its final policy makers, officers, agents, 

servants, and/or employees, had a duty to train, supervise, control, and otherwise ensure that the 

constitutional rights of persons such as Plaintiff ELVIS were not violated.

135. Defendant HIALEAH, by and through its final policy makers, officers, agents, 

servants, and/or employees, abdicated its policy making and oversight responsibilities, thereby 

allowing and making foreseeable the circumstances to which ELVIS was exposed.

136. As a direct and proximate result of the acts, omissions, customs, practices, and 

policies of Defendant HIALEAH, by and through itsfinal policy makers, officers, agents,servants,

and/or employees, as set forth above, which were the moving force behind the constitutional 

violations complained of, Plaintiff ELVIS has been caused to suffer deprivations of his

constitutional rights, severe, grievous and permanent injuries, disfigurement, physical and mental

pain and suffering, grief, mental anguish, emotional distress, loss of capacity for the enjoyment of

life, and/or permanent aggravation of a preexisting condition and further incurred medical bills and 

other bills as a result of such injuries; such injuries are either permanent or are continuing in nature 

and ELVIS will suffer such losses in the future.

137. The acts of the Defendant HIALEAH, as described herein, have forced Plaintiff

ELVIS to retain the undersigned attorneys and to pay them a reasonable fee, which ELVIS is 

entitled to recover pursuant to 42 U.S.C. § 1988.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant HIALEAH for 

all compensatory damages and punitive damages together with attorneys’ fees and costs pursuant

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to 42 U.S.C. § 1983 and 1988, prejudgment interest, and demands trial by jury of all issues triable

as a matter of right, and all such other and further relief as this Court deems just and proper.

COUNT IX

BATTERY

(Against HERNANDEZ, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

138. On June 12, 2016, Defendant HERNANDEZ intentionally attacked and battered 

ELVIS without provocation.

139. Defendant HERNANDEZ committed said attack with the intent to cause harmful 

or offensive contact to ELVIS.

140. Defendant HERNANDEZ did physically contact ELVIS without ELVIS’ consent 

when Defendant HERNANDEZ grabbed ELVIS by the neck and forcibly slammed ELVIS to the 

ground and choked him, all for the purposes of corporal punishment, intimidation, embarrassment, 

harassment, and/or physical or mental abuse.

141. Defendant HERNANDEZ’s physical contact with ELVIS was harmful and 

offensive to ELVIS.

142. Defendant HERNANDEZ acted in bad faith, with malicious purpose, and in a 

manner exhibiting wanton and willful disregard of ELVIS’ rights and safety.

143. As a direct and proximate result of Defendant HERNANDEZ’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement,

physical andmental pain and suffering, grief,mental anguish, emotionaldistress,loss of capacity for 

the enjoyment of life, and/or permanent aggravation of a preexisting condition and further incurred 

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medical bills and other bills as a result of such injuries; such injuries are either permanent or are 

continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant HERNANDEZ 

for all compensatory damages and punitive damages, prejudgment interest, and demands trial by

jury of all issuestriable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

COUNT X

BATTERY

(Against CASTRO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

144. On June 12, 2016, Defendant CASTRO intentionally attacked and battered ELVIS

without provocation.

145. Defendant CASTRO committed said attack with the intent to cause harmful or 

offensive contact to ELVIS.

146. Defendant CASTRO did physically contact ELVIS without ELVIS’ consent when 

Defendant CASTRO forcibly put his knee on the back of ELVIS’ head and began to apply his full 

body weight in a crushing fashion and then repeatedly punched ELVIS in the face, all for the 

purposes of corporal punishment, intimidation, embarrassment, harassment, and/or physical or 

mental abuse.

147. Defendant CASTRO’s physical contact with ELVIS was harmful and offensive to 

ELVIS.

148. Defendant CASTRO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

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149. As a direct and proximate result of Defendant CASTRO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement,

physical andmental pain and suffering, grief,mental anguish, emotionaldistress,loss of capacity for 

the enjoyment of life, and/or permanent aggravation of a preexisting condition and further incurred 

medical bills and other bills as a result of such injuries; such injuries are either permanent or are 

continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant CASTRO for all 

compensatory damages and punitive damages, prejudgment interest, and demands trial by jury of

all issues triable as a matter of right, and all such other and further relief as this Court deems just 

and proper.

COUNT XI

BATTERY

(Against ROMERO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

150. On June 12, 2016, Defendant ROMERO intentionally attacked and battered ELVIS

without provocation.

151. Defendant ROMERO committed said attack with the intent to cause harmful or 

offensive contact to ELVIS.

152. Defendant ROMERO did physically contact ELVIS without ELVIS’ consent when 

Defendant ROMERO repeatedly punched ELVIS, all for the purposes of corporal punishment, 

intimidation, embarrassment, harassment, and/or physical or mental abuse.

153. Defendant ROMERO’s physical contact with ELVIS was harmful and offensive to 

ELVIS.

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154. Defendant ROMERO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

155. As a direct and proximate result of Defendant ROMERO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement,

physical andmental pain and suffering, grief,mental anguish, emotionaldistress,loss of capacity for 

the enjoyment of life, and/or permanent aggravation of a preexisting condition and further incurred 

medical bills and other bills as a result of such injuries; such injuries are either permanent or are 

continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant ROMERO for

all compensatory damages and punitive damages, prejudgment interest, and demands trial by jury

of all issues triable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

COUNT XII

BATTERY

(Against SALCEDO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

156. On June 12, 2016, Defendant SALCEDO intentionally attacked and battered 

ELVIS without provocation.

157. Defendant SALCEDO committed said attack with the intent to cause harmful or 

offensive contact to ELVIS.

158. Defendant SALCEDO did physically contact ELVIS without ELVIS’ consent 

when Defendant SALCEDO repeatedly punched ELVIS, all for the purposes of corporal 

punishment, intimidation, embarrassment, harassment, and/or physical or mental abuse.

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159. Defendant SALCEDO’s physical contact with ELVIS was harmful and offensive 

to ELVIS.

160. Defendant SALCEDO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

161. As a direct and proximate result of Defendant SALCEDO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement,

physical andmental pain and suffering, grief,mental anguish, emotionaldistress,loss of capacity for 

the enjoyment of life, and/or permanent aggravation of a preexisting condition and further incurred 

medical bills and other bills as a result of such injuries; such injuries are either permanent or are 

continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant SALCEDO for

all compensatory damages and punitive damages, prejudgment interest, and demands trial by jury

of all issues triable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

COUNT XIII

ASSAULT

(Against HERNANDEZ, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

162. On June 12, 2016, Defendant HERNANDEZ intentionally attacked and assaulted 

ELVIS without provocation.

163. Defendant HERNANDEZ committed said attack with the intent to create 

apprehension of imminent physical or bodily harm on ELVIS.

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164. Due to Defendant HERNANDEZ’s actions, ELVIS was in reasonable apprehension 

and feared imminent physical or bodily harm.

165. Defendant HERNANDEZ acted in bad faith, with malicious purpose, and in a 

manner exhibiting wanton and willful disregard of ELVIS’ rights and safety.

166. As a direct and proximate result of Defendant HERNANDEZ’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement, 

physical and mental pain and suffering, grief, mental anguish, emotional distress, loss of capacity 

for the enjoyment of life, and/or permanent aggravation of a preexisting condition and further 

incurred medical bills and other bills as a result of such injuries; such injuries are either permanent 

or are continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant HERNANDEZ 

for all compensatory damages and punitive damages, prejudgment interest, and demands trial by

jury of all issuestriable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

COUNT XIV

ASSAULT

(Against CASTRO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

167. On June 12, 2016, Defendant CASTRO intentionally attacked and assaulted ELVIS

without provocation.

168. Defendant CASTRO committed said attack with the intent to create apprehension 

of imminent physical or bodily harm on ELVIS.

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169. Due to Defendant CASTRO’s actions, ELVIS was in reasonable apprehension and 

feared imminent physical or bodily harm.

170. Defendant CASTRO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

171. As a direct and proximate result of Defendant CASTRO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement, 

physical and mental pain and suffering, grief, mental anguish, emotional distress, loss of capacity 

for the enjoyment of life, and/or permanent aggravation of a preexisting condition and further 

incurred medical bills and other bills as a result of such injuries; such injuries are either permanent 

or are continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant CASTRO for all 

compensatory damages and punitive damages, prejudgment interest, and demands trial by jury of

all issues triable as a matter of right, and all such other and further relief as this Court deems just 

and proper.

COUNT XV

ASSAULT

(Against ROMERO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

172. On June 12, 2016, Defendant ROMERO intentionally attacked and assaulted 

ELVIS without provocation.

173. Defendant ROMERO committed said attack with the intent to create apprehension 

of imminent physical or bodily harm on ELVIS.

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174. Due to Defendant ROMERO’s actions, ELVIS was in reasonable apprehension and 

feared imminent physical or bodily harm.

175. Defendant ROMERO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

176. As a direct and proximate result of Defendant ROMERO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement, 

physical and mental pain and suffering, grief, mental anguish, emotional distress, loss of capacity 

for the enjoyment of life, and/or permanent aggravation of a preexisting condition and further 

incurred medical bills and other bills as a result of such injuries; such injuries are either permanent 

or are continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant ROMERO for

all compensatory damages and punitive damages, prejudgment interest, and demands trial by jury

of all issues triable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

COUNT XVI

ASSAULT

(Against SALCEDO, Individually)

Plaintiff ELVIS adopts and incorporates paragraphs 1 through 56 above as if set forth fully 

herein.

177. On June 12, 2016, Defendant SALCEDO intentionally attacked and assaulted 

ELVIS without provocation.

178. Defendant SALCEDO committed said attack with the intent to create apprehension 

of imminent physical or bodily harm on ELVIS.

Case 1:20-cv-22396-KMM Document 1 Entered on FLSD Docket 06/10/2020 Page 37 of 39
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179. Due to Defendant SALCEDO’s actions, ELVIS was in reasonable apprehension 

and feared imminent physical or bodily harm.

180. Defendant SALCEDO acted in bad faith, with malicious purpose, and in a manner 

exhibiting wanton and willful disregard of ELVIS’ rights and safety.

181. As a direct and proximate result of Defendant SALCEDO’s intentional attack, 

Plaintiff ELVIS has been caused to suffer severe, grievous and permanent injuries, disfigurement, 

physical and mental pain and suffering, grief, mental anguish, emotional distress, loss of capacity 

for the enjoyment of life, and/or permanent aggravation of a preexisting condition and further 

incurred medical bills and other bills as a result of such injuries; such injuries are either permanent 

or are continuing in nature and ELVIS will suffer such losses in the future.

WHEREFORE, Plaintiff ELVIS demands judgment against Defendant SALCEDO for

all compensatory damages and punitive damages, prejudgment interest, and demands trial by jury

of all issues triable as a matter of right, and all such other and further relief as this Court deems 

just and proper.

DEMAND FOR JURY TRIAL

Plaintiff ELVIS hereby demands trial by jury on all issues so triable.

DATED this 10th day of June 2020.

This space intentionally left blank.

Case 1:20-cv-22396-KMM Document 1 Entered on FLSD Docket 06/10/2020 Page 38 of 39
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Respectfully submitted,

ELSTEIN LEGAL

Co-Counsel for Plaintiff

1550 Biscayne Blvd., Suite 201

Miami, Florida 33132

Phone: (305) 299-2835

Fax: (305) 907-6070

Email: brian@elsteinlegal.com

By: /s/ Brian L. Elstein

Brian L. Elstein

Fla. Bar No. 105885

-andALHALEL LAW

Co-Counsel for Plaintiff

20200 W. Dixie Highway, Suite 906

Miami, Florida 33180

Phone: (305) 563-9060

Fax: (305) 907-6070

Email: josh@alhalel-law.com

By: /s/ Joshua R. Alhalel

Joshua R. Alhalel

Fla. Bar No. 16320

Case 1:20-cv-22396-KMM Document 1 Entered on FLSD Docket 06/10/2020 Page 39 of 39