By DMITRY RASHNTISOV

Photo:  Harold Strickland sues Miami Beach Police for being wrongly arrested.

ACLU leading charge against cops

The ACLU of Florida filed a lawsuit in the Southern District of Florida federal court against the city of Miami Beach and two of its police officers. The lawsuit was filed on behalf of Harold Strickland, a gay former Miami Beach resident who was wrongfully arrested in March 2009 in retaliation for calling 911 to report that two Miami Beach police officers were beating and kicking a gay man who lay handcuffed on the ground near Flamingo Park.

According to one of Strickland’s attorneys, Ray Taseff, Strickland tried on two occasions to come to financial settlement terms with the City of Miami Beach for compensatory damages but the city, as well as Florida’s State Attorneys office, is still investigating the complaint and will not settle on the case until they have all the facts. The two officers accused in the complaint, Frankly Forte and Elliot Hazzi, have been suspended from the police force, pending the outcome of the internal investigation. The Miami Beach Police Department will not comment further on the complaint.

While the lawsuit focuses specifically on Strickland’s arrest and violations of his civil rights, it also highlights two systemic issues that reach far beyond this case: the practices of unlawfully targeting gay men for arrest without probable cause and harassing and arresting people who observe, document, and/or report police misconduct.

“For years the ACLU has received reports that Miami Beach police have targeted gay men near Flamingo Park for nothing more than being gay,” said Shelbi Day, an attorney with the ACLU of Florida’s LGBT Advocacy Project. “When the police become the problem rather than part of the solution, the entire community suffers. It is time for the city to end the discriminatory policies and practices of its police force.”

The complaint alleges that the city and arresting officers violated Strickland’s rights under federal and state law. The complaint seeks damages for violation of Strickland’s First and Fourth Amendment rights and false arrest. The evidence, including the officers’ sworn deposition testimony, the tape recording of Strickland’s 911 call, Strickland’s cell phone record and the officers’ own arrest affidavits, indicates that the officers lied in their report to cover-up their misconduct. Strickland was charged with loitering and prowling, but the charges were dropped shortly after the arrest.

According to Taseff, Strickland wants the following to happen: Forte and Hazzi to lose their job; sensitivity training for all officers when dealing with LGBT suspects or witnesses; and a hotline set up so people can report police officer harassment.

“The issue here goes far beyond the violation of Mr. Strickland’s rights as a gay man. In addition to targeting gay men, the Miami Beach police have an alarming history of arresting individuals who attempt to document police misconduct,” said Taseff.

The City of Miami Beach and the police department will not provide comment on this case because they view it as a continuing investigation. The ACLU said that changes are already taking place inside the police force.

“While the Strickland incident has already sparked some reforms by Police Chief Noriega, including improved communication between the gay community and the police department by the appointment of Sgt. Juan Sanchez as a liaison to the gay community, retaliation for reporting police misconduct prevents civilian oversight of the police and cannot be tolerated” said Howard Simon, executive director of the ACLU of Florida.

Strickland chose not to be interviewed for this story. In a previous interview with the Florida Agenda, Strickland had indicated that he was scared to return to Miami Beach because the officers had threatened his life, but Taseff said that his client would make the trek back to South Florida as needed to testify in court or in any mediation proceedings.

“Mr. Strickland deserves a lot of courage for coming forward in this type of case,” Taseff said. “Publicly taking a stand against the police is a difficult thing.”