Sunday, August 1, 2010
Use of Excessive Force By Victim Claimed By Florida Inmate In Lawsuit
Inmate sues his victim for personal injuries sustained during citizens' arrest
Jul 30 2010
ST. PETERSBURG, Fla. — A Florida inmate is suing the man he's convicted of burglarizing, claiming the man and two others roughed him up during a citizen's arrest. Michael Dupree is serving a 12-year sentence for burglary and cocaine possession stemming from a 2007 break-in of a van in St. Petersburg. Dupree allegedly stole a bicycle locked inside and was apprehended after the owner, Anthony McKoy, saw him with the bike down the street.
Dupree said McKoy and two others pointed a gun at him, handcuffed him and placed a knee painfully in his back. He's seeking $500,000 for disabilities and distress suffered during the takedown.
Dupree filed the civil lawsuit on his own, without the help of an attorney.
After being served with the suit, McKoy said, "I thought it was a joke. I'm the victim."
When interviewed in prison about the suit Dupree said he had no problem with the arrest itself, as he was caught by the victim and others, with the victim's bicycle, and later convicted by a jury of his peers. But he said the victim and his friends had no right to use more than the amount of force reasonably needed to arrest him and that he did not resist arrest but nevertheless was treated brutally and severely injured as a result.
Information from: St. Petersburg Times, http://tampabay.com