UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE #: 0:20-cv-61267-AHS

LORENZO SANCHEZ,

Plaintiff,

Vs.

CITY OF CORAL SPRINGS, 

OFFICER JAMES JOHNSON, individually,

OFFICER JULIO PEREZ, individually, and 

OFFICER SIMEON GUTSMERE, individually,

Defendants. 

______________________________________/

DEFENDANT, CITY OF CORAL SPRINGS’ ANSWER AND

DEFENSES TO COUNTS II AND V

Defendant, CITY OF CORAL SPRINGS, by and through its undersigned attorneys, files 

its Answer and Defenses to Counts II and V of the Complaint, as follows:

1. Defendant, CORAL SPRINGS, admits that this Court has supplemental jurisdiction 

over the common law claims; however, if such claims are remanded in the future, they would fall 

below the $30,000 jurisdictional minimum for a Florida Circuit Court based upon these allegations. 

Defendant further denies that Plaintiff has any entitlement to attorney’s fees for any claims asserted 

against it.

2. Defendant, CORAL SPRINGS, admits the allegations of paragraph 2 for 

jurisdictional purposes, but denies that Plaintiff is entitled to relief.

3. Defendant, CORAL SPRINGS, denies the allegations of paragraph 3.

4. Defendant, CORAL SPRINGS, admits the allegations of paragraph 4.

5. Defendant, CORAL SPRINGS, denies the allegations of paragraph 5.

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6. Defendant, CORAL SPRINGS, denies the allegations of paragraph 6.

7. Defendant, CORAL SPRINGS, denies the allegations of paragraph 7.

8. Defendant, CORAL SPRINGS, admits that Plaintiff has sued the officers in their 

individual capacities.

9. Defendant, CORAL SPRINGS, denies the allegations of paragraph 9.

10. Defendant, CORAL SPRINGS, denies the allegations of paragraph 10.

11. Defendant, CORAL SPRINGS, denies the allegations of paragraph 11.

12. Defendant, CORAL SPRINGS, denies the allegations of paragraph 12.

13. Defendant, CORAL SPRINGS, denies the allegations of paragraph 13.

14. Defendant, CORAL SPRINGS, denies the allegations of paragraph 14.

15. Defendant, CORAL SPRINGS, denies the allegations of paragraph 15.

16. Defendant, CORAL SPRINGS, denies the allegations of paragraph 16.

17. Defendant, CORAL SPRINGS, denies the allegations of paragraph 17.

COUNT I – FOURTH AMENDMENT CLAIM AGAINST OFFICERS

18. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

19. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

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20. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

21. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

22. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

23. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

24. The allegations contained within Count I and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

COUNT II – FALSE ARREST/IMPRISONMENT AGAINST CORAL SPRINGS

25. Defendant, CORAL SPRINGS, realleges its responses to paragraphs 1 through 17.

26. Defendant, CORAL SPRINGS, denies the allegations of paragraph 26.

27. Defendant, CORAL SPRINGS, denies the allegations of paragraph 27.

28. Defendant, CORAL SPRINGS, denies the allegations of paragraph 28.

29. Defendant, CORAL SPRINGS, denies the allegations of paragraph 29.

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30. Defendant, CORAL SPRINGS, denies the allegations of paragraph 30.

31. Defendant, CORAL SPRINGS, denies the allegations of paragraph 31.

32. Defendant, CORAL SPRINGS, denies the allegations of paragraph 32.

COUNT III – FALSE ARREST/IMPRISONMENT AGAINST OFFICERS

33. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

34. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

35. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

36. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

37. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

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38. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

39. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

40. The allegations contained within Count III and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

COUNT IV – BATTERY AGAINST OFFICERS

41. The allegations contained within Count IV and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

42. The allegations contained within Count IV and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

43. The allegations contained within Count IV and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

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44. The allegations contained within Count IV and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

45. The allegations contained within Count IV and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

46. The allegations contained within Count IV and this paragraph are directed at the

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

47. The allegations contained within Count IV and this paragraph are directed at the

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

48. The allegations contained within Count IV and this paragraph are directed at the

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

COUNT V – BATTERY AGAINST CORAL SPRINGS

49. Defendant, CORAL SPRINGS, realleges its responses to paragraphs 1 through 17.

50. Defendant, CORAL SPRINGS, denies the allegations of paragraph 50.

51. Defendant, CORAL SPRINGS, denies the allegations of paragraph 51.

52. Defendant, CORAL SPRINGS, denies the allegations of paragraph 52.

53. Defendant, CORAL SPRINGS, denies the allegations of paragraph 53.

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54. Defendant, CORAL SPRINGS, denies the allegations of paragraph 54.

55. Defendant, CORAL SPRINGS, denies the allegations of paragraph 55.

COUNT VI – INTENTIONAL INFLICTION OF EMOTIONAL

DISTRESS AGAINST OFFICERS

56. The allegations contained within Count VI and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

57. The allegations contained within Count VI and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

58. The allegations contained within Count VI and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

59. The allegations contained within Count VI and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

60. The allegations contained within Count VI and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

COUNT VII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

61. Defendant, CORAL SPRINGS, realleges its responses to paragraphs 1 through 17.

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62. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

63. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

64. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

65. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

66. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

67. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

68. Defendant, CORAL SPRINGS, has filed a Motion to Dismiss Count VII and, 

therefore, does not Answer these allegations at this time. If its Motion were to be denied, then 

Defendant denies the allegations of this paragraph.

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COUNT VIII – EXCESSIVE FORCE AGAINST OFFICERS

69. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

70. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

71. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

72. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

73. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

74. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

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75. The allegations contained within Count VIII and this paragraph are directed at the 

individual defendants; therefore, no response from CORAL SPRINGS is required. To the extent, 

however, that these allegations pertain or refer to CORAL SPRINGS, they are denied.

76. All allegations not specifically admitted herein are denied.

AFFIRMATIVE DEFENSES

77. Defendant asserts that any injuries or damages Plaintiff complains of were 

sustained while Plaintiff was in the course or attempted course of commission of a forcible felony. 

Therefore, these claims are barred by operation of §776.085, Florida Statutes.

78. Defendant asserts that because probable cause existed to detain and/or arrest 

Plaintiff with an offense, including under Florida’s Baker Act, §394.463, Florida Statutes, his 

detention and arrest were valid, even if all offenses (or statutory detention/arrest under the Baker 

Act) were not announced at the time. The City may rely upon any additional uncharged violations

or this statutory provision to validate this detention and/or arrest.

79. Defendant asserts that pursuant to §394.463, Florida Statutes, the officers were 

obligated to arrest and transport Plaintiff, thus the claim for False Arrest/Imprisonment must fail.

80. Any damages or injuries sustained by Plaintiff were incurred solely as a result of 

Plaintiff=s violations of the Florida Statutes, including his criminal, intentional and/or negligent 

acts.

81. Defendant, City, asserts that its officers acted appropriately; however, if a finder of 

fact were to determine that they acted in bad faith, with malicious purpose, or in a manner 

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exhibiting wanton and willful disregard of human rights and safety, then the City would be immune 

pursuant to §768.28, Florida Statutes.

82. Defendant asserts that Plaintiff has not properly and fully complied with the notice 

requirements of §768.28, Florida Statutes.

83. Any recovery by the Plaintiff must be reduced to the extent of benefits paid or 

payable to Plaintiff from any and all collateral sources.

84. That Defendant’s employees acted appropriately and lawfully at all times material 

hereto and Defendant, CORAL SPRINGS, is thus entitled to the presumption that the exercise of 

its police power was for the purpose of protecting the public health, safety and/or welfare, and 

otherwise presumed to be for the purpose of preventing harm. Such rebuttable presumption 

requires proof to the contrary by clear and convincing evidence by Plaintiff as more fully set forth 

in Florida Statute ' 11.066(2).

85. Any force utilized was de minimis as a matter of law.

86. Any claim for use of force incidental to arrest is subsumed within a claim for false 

arrest.

87. Defendant asserts that its officers utilized objectively reasonable force, and that 

they were not under a legal duty to retreat because of Plaintiff’s physical resistance, even resistance 

occasioned by his own drug use or mental illness, and that they were permitted to stand their 

ground, and overcome Plaintiff’s resistance pursuant to §776.012, Florida Statutes.

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88. Defendant asserts that Plaintiff’s own intentional misconduct, and self-intoxication, 

led to the subject encounter, and that Plaintiff is barred from recovery for any personal injuries 

sustained as a result. 

89. Plaintiff is not entitled to recover attorney’s fees incurred in defending the criminal 

charges pursued by the State of Florida.

90. Defendant, CITY OF CORAL SPRINGS, demands trial by jury. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 22nd day of September, 2020, I electronically filed the 

foregoing document with the Clerk of Court by using the CM/ECF system or by email to all parties. 

I further certify that I either mailed the foregoing document and the Notice of Electronic Filing by 

first class mail to any non CM/ECF participants and/or the foregoing document was served via 

transmission of Notice of Electronic Filing generated by CM/ECF to any and all active CM/ECF 

participants.

BY: /s/ E. BRUCE JOHNSON 

E. BRUCE JOHNSON

FLA. BAR NO. 262137

/s/ SCOTT D. ALEXANDER 

SCOTT D. ALEXANDER

FLA. BAR NO. 057207

JOHNSON, ANSELMO, MURDOCH,

BURKE, PIPER & HOCHMAN, P.A.

Counsel for City of Coral Springs

2455 East Sunrise Boulevard, Suite 1000

Fort Lauderdale, FL 33304

954/463-0100 Telephone

954/463-2444 Facsimile

Johnson@jambg.com / Young@jambg.com

Alexander@jambg.com SDA-assistant@jambg.com

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SERVICE LIST

GUSTAVO EDUARDO FRANCES

THE LAW OFFICE OF GUSTAVO E. FRANCES, P.A.

Counsel for Plaintiff

200 SE 6th Street, Suite 402

Fort Lauderdale, FL 33301

(954) 533-2756 (Phone)

(954) 533-6796 (Facsimile)

geflaw@gmail.com 

JAMES RICHARD DUNN

JAMES R. DUNN, P.A.

Counsel for Plaintiff

200 SE 6th Street, Suite 402

Ft. Lauderdale, FL 33301

(954) 684-3535 (Phone)

(954) 533-6796 (Facsimile)

James@AttorneyJamesDunn.com 

E. BRUCE JOHNSON, ESQ.

SCOTT D. ALEXANDER, ESQ.

JOHNSON, ANSELMO, MURDOCH,

BURKE, PIPER & HOCHMAN, PA

Counsel for City of Coral Springs

2455 E. Sunrise Blvd., Suite 1000

Fort Lauderdale, FL 33304

Johnson@jambg.com / Young@jambg.com

Alexander@jambg.com sda-assistant@jambg.com

(954) 463-0100 (Phone)

(954) 463-2444 (Facsimile) 

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