Salaythis Melvin Federal Lawsuit

Case 6:21-cv-01085 Document 1 Filed 06/30/21 Page 1 of 38 PageID 1
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO.:
MICHELIN D. MCKEE, as Personal
Representative of the Estate of
SALAYTHIS MELVIN the Deceased,
Plaintiff,
Vs.
DEPUTY JAMES MONTIEL, in his individual

Capacity and as an agent of ORANGE COUNTY
SHERIFFS OFFICE; DEPUTY MARCUS BULLOCK,
in his individual Capacity and as an agent of the ORANGE COUNTY
SHERIFFS OFFICE; DEPUTY ERIC R. WHEELER
SHERIFFS OFFICE; DEPUTY JOHN DOE I,
SHERIFFS OFFICE; DEPUTY JOHN DOE II,
SHERIFFS OFFICE and JOHN W. MINA, in his
official capacity as ORANGE COUNTY SHERIFF,
Defendants.
__________________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiff, MICHELIN D. MCKEE, as Personal
Representative of the Estate of SALAYTHIS MELVIN (hereinafter referred to as
“Plaintiff”), by and through his undersigned counsel and sues Defendants,’
DEPUTY JAMES MONTIEL, in his individual capacity and as an agent of the
Orange County Sheriffs Office, (herein after referred to as “Defendant MONTIEL”);
DEPUTY MARCUS BULLOCK, in his individual Capacity and as an agent of the

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ORANGE COUNTY SHERIFFS OFFICE(herein after referred to as “Defendant
BULLOCK”); DEPUTY ERIC R. WHEELER in his individual Capacity and as an
agent of the ORANGE COUNTY SHERIFFS OFFICE(herein after referred to as
“Defendant WHEELER”); DEPUTY JOHN DOE I, in his individual Capacity and
as an agent of the ORANGE COUNTY SHERIFFS OFFICE(herein after referred to
as “Defendant DOE I”); DEPUTY JOHN DOE II, in his individual Capacity and as
an agent of the ORANGE COUNTY SHERIFFS OFFICE (herein after referred to
as “Defendant DOE II”) and JOHN W. MINA, in his official capacity as ORANGE
COUNTY SHERIFF and herein requests judgment of this court declaring
unconstitutional and unlawful certain actions of the defendants, which resulted in
Plaintiff being deprived of his constitutional rights guaranteed by the Fourth and
Fourteenth Amendments of the United States Constitution as well as other civil
rights guaranteed to the deceased under federal law, and seeks damages from
Defendant as compensation for the deprivation of the deceased constitutional rights
and other rights guaranteed under federal law, for an award of attorney’s fees and
authorized by law, all reasonable costs of this action, and for any other further relief
that this Court deems just and proper.
JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. §§1331, 1332, 1343, and 1367, and venue is properly set in
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the United States District Court for the Middle District of Florida pursuant
to 28 U.S.C. §1391.
2. The causes of action alleged herein arise from factual allegations occurring
in this judicial district.
3. All condition precedent to the filing of this actions have occurred, accrued,
or have been waived as a matter of law.
4. On information and belief, it is alleged that the named Defendants resides
in this judicial district within Orange County Florida.
NATURE OF THE ACTION
5. On August 7, 2020, 22-year-old Salaythis Melvin was a patron of the
Florida Mall and Dicks Sporting Goods when he was shot in the back and
killed without justification by Defendant James Montiel an Orange County
Sheriff Deputy who was not in Uniform and also traveling in an
undercover vehicle.
6. Salaythis Melvin was an African American male. He had done nothing to
justify being shot in the back by Deputy James Montiel. He had done
nothing to justify being seized by Deputy James Montiel. James Montiel
unjustifiably shot and killed Salaythis Melvin.
7. Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate
of SALAYTHIS MELVIN brings this action pursuant to 42 U.S.C. § 1983
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to redress the deprivation under color of state law of the rights of her son,
as secured by the United States Constitution and the common law of the
State of Florida.
PARTIES
8. Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate
of SALAYTHIS MELVIN is presently a resident of Orange County,
Florida and at all material times herein was a resident of said county.
9. The deceased SALAYTHIS MELVIN at all material times herein was a
resident of said county.
10. Defendant, DEPUTY JAMES MONTIEL, is a police officer who is
employed by the Orange County Sheriff’s Office and is over the age of
eighteen (18) and on information and belief is a resident in or is employed
in Orange County, Florida and is being sued in his individual capacity and
as an agent of the Orange County Sheriff’s Office.
11. Defendant, DEPUTY MARCUS BULLOCK, is a police officer who is
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12. Defendant, DEPUTY ERIC WHEELER, is a police officer who is
13. Defendant, DEPUTY JOHN DOE I, is a police officer who is employed
by the Orange County Sheriff’s Office and is over the age of eighteen (18)
and on information and belief is a resident in or is employed in Orange
County, Florida and is being sued in his individual capacity and as an agent
of the Orange County Sheriff’s Office
14. Defendant, DEPUTY JOHN DOE II, is a police officer who is employed
by the Orange County Sheriff’s Office and is over the age of eighteen (18)
and on information and belief is a resident in or is employed in Orange
County, Florida and is being sued in his individual capacity and as an agent
of the Orange County Sheriff’s Office.
GENERAL ALLEGATIONS
15. On August 7, 2020, Deputies JAMES MONTIEL was part of the Orange
County Sheriff Warrant Unit that was serving an arrest warrant on
Vanshawn Sands in Orange County Florida.
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16. On August 7, 2020, between at approximately 12pm and 1pm Deputies
JAMES MONTIEL along with several other members of the Orange
County Sheriff Office Warrant Unit converged at the Florida Mall near the
Dicks Sporting Goods attempting to execute an arrest warrant on
Vanshawn Sands in undercover cars at a high rate of speed. The cars did
not have any identifiable marks that would indicate they were law
enforcement vehicles. In fact the cars were being used as surveillance
vehicles to watch Mr. Sands all morning and he had not notice all morning
that there was law enforcement officers in the vehicles or that the vehicles
belonged to law enforcement officers.
17. The Officers had been following Mr. Sands all morning and had several
opportunities to apprehend Mr. Sands safely and without the endangering
the lives of others such as Salaythis Melvin but chose not to do so.
18. The officers intentionally waited until Mr. Sands had other individuals
with him which included Mr. Melvin, another male, and a female.
Although Mr. Sands could have been apprehended without putting anyone
in harms way. Deputy James Montiel, Marcus Bullock, Eric Wheeler,
John Doe I, and John Doe II conspired and came up with a plan to wait
until other individuals were with Mr. Sands so they could violate those
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individual rights by unlawfully seizing those individuals while arresting
Mr. Sands in an attempt to gather intel.
19. This conspiracy also lead to the unlawful seizure of Vanshawn Sands
girlfriend who did not have a warrant for her arrest and Salaythis Melvin
who also did not have a warrant for his arrest and was shot in the back and
killed as a result of the unlawful seizure which is supported and is a policy
of the Orange County Sheriff’s Office.
20. Mr. Sands had come voluntarily to the police station and spoken to law
enforcement regarding the case that was the subject of the warrant.
21. The warrant that was executed on Mr. Sands on August 7, 2020, was for a
charge of a possession of a firearm by a convicted felon.
a. Mr. Sands possessed and used that firearm to defend himself when he
was a victim of a drive by shooting in which the police cleared him of
the shooting because they concluded that Mr. Sands use of the gun was
in self-defense.
b. The case that resulted from the warrant that was served on Vanshawn
Sands that cost Salaythis Melvin his life on August 7, 2020, was
dropped against Vanshawn Sands on June 14, 2021.
22. On August 7, 2020, while Melvin, Sands, and two other individuals were
exiting the Dicks Sporting Goods and walking towards the vehicle they
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had arrived in members of the Orange County Sheriffs Office converged
on them in several undercover cars without any identifiable, lights, sirens,
or law enforcement insignia.
23. They converged Melvin, Sands, and the two other individuals in the
parking lot at a high rate of speed and all of the vehicles had dark window
tints.
24. Because Mr. Sands had recently been the victim of a drive by shooting,
Mr. Sands, Mr. Melvin, and the other individuals in the group immediately
took off running for their lives thinking they were about to be attacked and
shot at as retaliation for what happen with Mr. Sands.
25. Mr. Melvin, Mr. Sands, and the other individuals had no idea the occupants
in the vehicles converging on them were law enforcement officers.
26. Mr. Melvin never saw anyone exit the vehicle prior to being shot in the
back.
27. Mr. Melvin took off running and ran past Dicks Sporting Goods and as he
past Dicks Sporting Goods he was nearly hit by a truck that was speeding
towards him that caused him to change his path towards the parking lot.
28. Mr. Melvin was never running towards Deputy James Montiel and never
saw James Montiel.
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29. By the time any of the officers exited their vehicles they were
approximately 75 to 100 yards behind Mr. Melvin.
30. Mr. Melvin did not see any of the officers exit their under-cover vehicle.
31. James Montiel exited his vehicle and Mr. Melvin was at least 75 yards in
front of him and Mr. Melvin never saw James Montiel until after James
Montiel shot him in the back.
32. James Montiel did not identify himself as a law enforcement officer.
33. James Montiel exited his vehicle kneeled down and shot Mr. Melvin in the
back for no reason.
34. At the time James Montiel shot Salaythis Melvin he did not have a warrant
for his arrest, no uniform, and did not identify himself as a law enforcement
officer.
35. Salaythis Melvin was not the target of their investigation.
36. Vanshawn Sands was the target of their investigation and the person they
had a warrant to arrest, and he was already in custody when Montiel shot
Melvin.
37. At the time James Montiel shot Salaythis Melvin he did not know who
Salaythis Melvin was other than the fact that he was a black man that had
not committed any crimes and was running in fear for his life.
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38. At the time James Montiel shot Salaythis Melvin he did not know whether
Salaythis Melvin was a licensed gun owner.
39. At the time James Montiel shot Salaythis Melvin he did not see a firearm
in Salaythis Melvin possession.
40. Prior to shooting Salaythis Melvin Deputy James Montiel was unaware
that Salaythis Melvin had broken any laws.
41. At the time James Montiel shot Salaythis Melvin he was unaware that
Salaythis Melvin had broken any laws.
42. James Montiel unlawfully detained Salaythis Melvin when he shot
Salaythis Melvin.
43. James Montiel did not render any aid to help Salaythis Melvin after he shot
him.
44. The other Deputies present, Marcus Bullock, Eric Wheeler, John Doe I,
and John Doe II, did not render any aid for nearly a minute and a half after
Salaythis Melvin was shot and clearly in distress and was not a threat.
45. Instead of rendering aid James Montiel, Marcus Bullock, Eric Wheeler,
John Doe I, and John Doe II, threatened to shoot Salaythis Melvin again
while he was on the ground fighting for his life and clearly not a threat
causing even further delay in calling an ambulance to save Salaythis
Melvin life.
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46. Marcus Bullock, Eric Wheeler, John Doe I, and John Doe II did not stop
James Montiel from using deadly force on Salaythis Melvin who was not
a suspect in any crime and did not have a warrant for his arrest and was
running away in fear of possibly being shot and killed by the occupants of
the cars with dark tinted windows speeding through the parking lot at a
high rate of speed and converging on them and one of the cars nearly
running him over.
47. Marcus Bullock, Eric Wheeler, John Doe I, and John Doe II had a duty
intervene and stop James Montiel from shooting Salaythis Melvin who was
not posing a threat to any of the officers and was just fleeing from the
officers because he did not know they were officers.
48. Marcus Bullock, Eric Wheeler, John Doe I, and John Doe II did not do
anything to stop Deputy James Montiel from shooting Salaythis Melvin in
the back even though Salaythis Melvin did not pose a threat to him or
anyone else.
49. Salaythis Melvins family was not notified that Salaythis was shot until
between 9pm and 10pm that night. Approximately 9 to 10 hours after he
was shot and already died.
50. Before Salaythis family and specifically his mother was notified that
Salaythis had been shot and killed nearly 9 to 10 hours later. Deputy
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Marcus Bullock drafted an arrest affidavit and filed it placing Salaythis
Melvin under arrest for the offense of Aggravated Assault on a Law
Enforcement Officer (with a firearm)
51. Orange County Sheriff John Mina Fosters a Culture of Recklessness by
adopting a policy in which his officers execute warrants in undercover
vehicles and without unforms that allows his officers to be mistaken for
criminals.
52. This creates a very dangerous situation for the alleged suspect, the officers,
and the community and can lead to innocent people losing their lives like
Mr. Melvin.
53. Along with this policy Orange County Sheriff Office has a policy in which
the officers executing warrants and or surveilling suspects are not all
outfitted with cameras and have a pattern of using excessive force and
killing young black men while executing arrest warrants or apprehending
suspects.
a. On January 5, 2010, members of the Orange County Sheriff’s Office
while surveilling Torey Breedlove who was 27 years old at the time had
an opportunity to apprehend Mr. Breedlove without the use of deadly
force but instead chose to use deadly force to apprehend Mr. Breedlove
who did not pose a threat to the Officers and who was also unarmed.
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i. Mr. Breedlove was unarmed when he was shot at 130 times by
members of the Orange County Sheriff’s Office and hit at least
20 times.
ii. Conveniently there was no body camera footage of the shooting
and the footage from the complex where the shooting took place
was not preserved.
b. On February 28, 2017, some of the same Officers of the Orange County
Sheriffs that took the life of Mr. Breedlove were involved in taking the
life of another young man while executing an arrest warrant.
i. Christopher Redding while unarmed was shot twice in the back
of the head while officers from the Orange County Sheriff’s
Office were executing an arrest warrant. At the time Mr.
Redding was shot twice n the back of the head he was unarmed
and had been detained by two officers who were standing on both
of his arms while was laying on his belly and he had already been
shot seven times. However, an Orange County Sheriff Deputy
still shot him in the back of the head twice immediately ending
his life.
ii. None of the deputies in the Redding case that were executing the
warrant had on a body camera.
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54. Only one officer out of about six or seven officers that were present on
August 7, 2020, when Salaythis Melvin was killed had any footage on their
camera that showed Salaythis Melvin being shot by Montiel and it is not
the best angle and only captures part of what occurred.
55. The Officer that placed Vanshawn Sands under arrest was actually facing
the shooting when it occurred but for some reason the only available
footage from his body camera is after the shooting has already occurred.
56. The John Mina in his official Capacity as Orange County Sheriff did not
release any body camera footage until 11 days after the shooting occurred.
57. James Montiel allegedly was not assigned with a body camera and the
other officer’s camera for some reason did not capture the shooting.
58. The footage from the mall surveillance camera for some reason is not
visible and the camera that was directly in view of the shooting allegedly
was not functioning.
59. The day before Deputy James Montiel shot and killed Salaythis Melvin a
hearing was set by his ex-wife for a Motion for Contempt/Enforcement of
Final Judgment for failing to comply with marital settlement agreement
pertaining to spousal support for the wife.
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60. Deputy James Montiel was embroiled in a financial dispute with his former
wife at the time that he shot Salaythis Melvin in the back. This dispute
was being litigated in court at the time of the shooting.
61. As a direct result of the policies, procedures and customs of the Orange
County Sheriff's Office, James Montiel was killed and it can be reasonably
said that the failure to adequately train, supervise, reprimand, or investigate
the use of excessive force by the Orange County Sheriff's Office upon its
citizens was the moving force behind the death of Salaythis Melvin.
62. Salaythis Melvin used deadly force without the requisite factual basis for
its use
and at the time they used such force, the excess of the force was clearly
established under both State and Federal laws.
63. In committing the acts complained of herein, Defendants acted under color
of state law to deprive Plaintiff of certain constitutionally protected rights
under the Fourth and Fourteenth Amendments to the Constitution of the
United States including, but not limited to the right to be free from
excessive use of force by persons acting under color of state law.
64. As a direct and proximate result of the violation of plaintiff’s constitutional
rights by the Defendants, Plaintiffs suffered general and special damages
as alleged in this Complaint and is entitled to relief under 42 U.S.C. §1983.
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65. The conduct of MONTIEL was willful, malicious, oppressive and/or
reckless, and was of such a nature that punitive damages should be
imposed in an amount commensurate with the wrongful acts alleged
herein.
CAUSES OF ACTION
FEDERAL CONSTITUTIONAL CLAIMS
COUNT I
42 U.S.C. §1983
EXCESSIVE FORCE IN VIOLATION OF FOURTH AND FOURTEENTH
AMENDMENTS
(Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate of
SALAYTHIS MELVIN claim against Defendant, DEPUTY JAMES MONTIEL,
in his individual capacity)
66. COMES NOW, Plaintiff, by and through its undersigned counsel, and sues
Defendant DEPUTY JAMES MONTIEL, in his individual capacity and in
support thereof, states as follows:
67. Plaintiff realleges the allegations contained in paragraphs 1 through 65, as
if fully set forth herein.
68. SALAYTHIS MELVIN had the right under the United States Constitution
to be free from the use of excessive force.
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69. The actions of Defendant, DEPUTY JAMES MONTIEL amount to
deliberate indifference to the rights of SALAYTHIS MELVIN to be free
of excessive force and unreasonable seizures under the Fourth and
Fourteenth Amendments to the Constitution of the United States.
70. Defendant, DEPUTY JAMES MONTIEL shot SALAYTHIS MELVIN in
the back while he was running in fear for his life and not posing a threat to
DEPUTY JAMES MONTIEL or any other law enforcement officer or
citizen.
71. Defendant, DEPUTY JAMES MONTIEL, acted with deliberate
indifference to SALAYTHIS MELVIN’S rights and as a direct and
proximate result of the violation of his constitutional right to be free from
the use of excessive force, SALAYTHIS MELVIN was killed and
Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate
of SALAYTHIS MELVIN is entitled to relief under 42 U.S.C. §1983.
This includes but is not limited to loss of his comfort, companionship,
mental pain and suffering, funeral expenses, the future value of the estate,
cost, interest and expenses of suit, and any other relief to which the
Plaintiff may be entitled, and all other damages associated with excessive
force used against the SALAYTHIS MELVIN.
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72. PLAINTIFF has retained the undersigned counsel to bring this action
under 42 U.S.C. §1983 and is entitled to recover from Defendant,
DEPUTY JAMES MONTIEL a reasonable fee for said counsel pursuant
to 42 U.S.C. §1988.
WHEREFORE, PLAINTIFF, MICHELIN D. MCKEE, as Personal
Representative of the Estate of SALAYTHIS MELVIN prays for damages against
Defendant, DEPUTY JAMES MONTIEL in his individual capacity, and an award
of PLAINTIFF’S attorney’s fees. In addition, Plaintiff requests punitive damages
against Defendant, DEPUTY JAMES MONTIEL, in his individual capacity, for his
conduct, which would deter him from such tortious conduct in the future.
COUNT II
42 U.S.C. § 1983 - FOURTH AMENDMENT AND FOURTEENTH
AMENDMENT
SALAYTHIS MELVIN claim against Defendant, DEPUTY MARCUS
BULLOCK, in his individual capacity)
Defendant DEPUTY MARCUS BULLOCK, in his individual capacity
and in support thereof, states as follows:

75. The conduct of DEPUTY MARCUS BULLOCK violated the U.S.
Constitution.
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76. At all material times, DEPUTY MARCUS BULLOCK was acting under
the color of state law as an agent and employee of the Orange County
Sheriff's Office.
77. At all material times, DEPUTY MARCUS BULLOCK was acting in the
course and scope of his duties as an Orange County Sheriff's Deputy at the
time he stood by while JAMES MONTIEL shot and killed Salaythis
Melvin.
78. At all material times, DEPUTY MARCUS BULLOCK had no reason to
believe that he or JAMES MONTIEL were in imminent danger or fear of
imminent bodily harm from Salaythis Melvin who was running away in
fear and posed no threat.
79. Every reasonable officer would have known that using deadly force on a
person that is not a suspect and is running away and posing no threat of
harm to anyone constitutes excessive force in violation of the U.S.
Constitution.
80. Every reasonable officer would have known that failing to intervene with
respect to his fellow officer's use of deadly force on a person running away
that is not a person of interest and posing no threat of harm to anyone
violates the U.S. Constitution.
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81. DEPUTY MARCUS BULLOCK observed and was in a position to
intervene to stop DEPUTY JAMES MONTIEL use of excessive and
unreasonable deadly force against SALAYTHIS MELVIN.
82. Every reasonable officer would have known that failing to immediately
render emergency aid to someone who poses no threat of harm and on
whom a fellow officer had used lethal force violates the Fourth and
Fourteenth Amendments of the U.S. Constitution.
83. DEPUTY MARCUS BULLOCK 's conduct was objectively unreasonable.
84. As a result of DEPUTY MARCUS BULLOCK 's conduct, SALAYTHIS
MELVIN was shot in the back by DEPUTY JAMES MONTIEL,
experienced severe pain and suffering and emotional distress, and died.
85. As a direct and proximate result of these wrongful acts and omissions,
SALAYTHIS MELVIN’S next of kin have suffered pecuniary loss,
including medical and funeral expenses, loss of kinship, aid, counsel,
guidance, advice, assistance, and protection and support.
86. The acts and omissions of DEPUTY MARCUS BULLOCK were
intentional, wanton, malicious, reckless, oppressive, and/ or showed
callous indifference to the federally protected rights of SALAYTHIS
MELVIN.
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Representative of the Estate of SALAYTHIS MELVIN, demands judgment against
Defendant, DEPUTY MARCUS BULLOCK for compensatory and punitive
damages, costs, disbursements, attorney's fees, interest and for any other relief that
the Court deems fair and just.
COUNT III
AMENDMENT
SALAYTHIS MELVIN claim against Defendant, DEPUTY ERIC WHEELER, in
his individual capacity)
Defendant DEPUTY ERIC WHEELER, in his individual capacity and in

89. The conduct of DEPUTY ERIC WHEELER violated the U.S.
Constitution.
90. At all material times, DEPUTY ERIC WHEELER was acting under the
color of state law as an agent and employee of the Orange County Sheriff's
Office.
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91. At all material times, DEPUTY ERIC WHEELER was acting in the course
and scope of his duties as an Orange County Sheriff's Deputy at the time
he stood by while JAMES MONTIEL shot and killed Salaythis Melvin.
92. At all material times, DEPUTY ERIC WHEELER had no reason to believe
that he or JAMES MONTIEL were in imminent danger or fear of imminent
bodily harm from Salaythis Melvin who was running away in fear and
posed no threat.
Constitution.
95. DEPUTY ERIC WHEELER observed and was in a position to intervene
to stop DEPUTY JAMES MONTIEL use of excessive and unreasonable
deadly force against SALAYTHIS MELVIN.
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97. DEPUTY ERIC WHEELER 's conduct was objectively unreasonable.
98. As a result of DEPUTY ERIC WHEELER 's conduct, SALAYTHIS
MELVIN was shot in the back by DEPUTY JAMES MONTIEL,
experienced severe pain and suffering and emotional distress, and died.
100. The acts and omissions of DEPUTY ERIC WHEELER were intentional,
wanton, malicious, reckless, oppressive, and/ or showed callous
indifference to the federally protected rights of SALAYTHIS MELVIN.
Defendant, DEPUTY ERIC WHEELER for compensatory and punitive damages,
costs, disbursements, attorney's fees, interest and for any other relief that the Court
deems fair and just.
COUNT IV
AMENDMENT
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SALAYTHIS MELVIN claim against Defendant, DEPUTY JOHN DOE I, in his
individual capacity)
Defendant DEPUTY JOHN DOE I, in his individual capacity and in

103. The conduct of DEPUTY JOHN DOE I violated the U.S. Constitution.
104. At all material times, DEPUTY JOHN DOE I was acting under the color
of state law as an agent and employee of the Orange County Sheriff's
Office.
105. At all material times, DEPUTY JOHN DOE I was acting in the course and
scope of his duties as an Orange County Sheriff's Deputy at the time he
stood by while JAMES MONTIEL shot and killed Salaythis Melvin.
106. At all material times, DEPUTY JOHN DOE I had no reason to believe that
he or JAMES MONTIEL were in imminent danger or fear of imminent
posed no threat.
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Constitution.
109. DEPUTY JOHN DOE I observed and was in a position to intervene to stop
DEPUTY JAMES MONTIEL use of excessive and unreasonable deadly
force against SALAYTHIS MELVIN.
111. DEPUTY JOHN DOE I 's conduct was objectively unreasonable.
112. As a result of DEPUTY JOHN DOE I 's conduct, SALAYTHIS MELVIN
was shot in the back by DEPUTY JAMES MONTIEL, experienced severe
pain and suffering and emotional distress, and died.
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114. The acts and omissions of DEPUTY JOHN DOE I were intentional,
Defendant, DEPUTY JOHN DOE I for compensatory and punitive damages, costs,
disbursements, attorney's fees, interest and for any other relief that the Court deems
fair and just.
COUNT V
AMENDMENT
SALAYTHIS MELVIN claim against Defendant, DEPUTY JOHN DOE II, in his
individual capacity)
Defendant DEPUTY JOHN DOE II, in his individual capacity and in

117. The conduct of DEPUTY JOHN DOE II violated the U.S. Constitution.
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118. At all material times, DEPUTY JOHN DOE II was acting under the color
of state law as an agent and employee of the Orange County Sheriff's
Office.
119. At all material times, DEPUTY JOHN DOE II was acting in the course
and scope of his duties as an Orange County Sheriff's Deputy at the time
he stood by while JAMES MONTIEL shot and killed Salaythis Melvin.
120. At all material times, DEPUTY JOHN DOE II had no reason to believe
that he or JAMES MONTIEL were in imminent danger or fear of imminent
posed no threat.
Constitution.
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123. DEPUTY JOHN DOE II observed and was in a position to intervene to
stop DEPUTY JAMES MONTIEL use of excessive and unreasonable
deadly force against SALAYTHIS MELVIN.
125. DEPUTY JOHN DOE II 's conduct was objectively unreasonable.
126. As a result of DEPUTY JOHN DOE II 's conduct, SALAYTHIS MELVIN
was shot in the back by DEPUTY JAMES MONTIEL, experienced severe
pain and suffering and emotional distress, and died.
128. The acts and omissions of DEPUTY JOHN DOE II were intentional,
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Defendant, DEPUTY JOHN DOE II for compensatory and punitive damages, costs,
disbursements, attorney's fees, interest and for any other relief that the Court deems
fair and just.
COUNT VI
42 U.S.C. § 1983 (Monell) - Deliberate Indifference in Training
SALAYTHIS MELVIN claim against Defendant, JOHN W. MINA, in his
official capacity as ORANGE COUNTY SHERIFF)
130. The Orange County Sheriff’s Office inadequately trained Deputy James
Montiel such that he was utterly incapable of performing the job of a
Sheriff’s Deputy on August 7, 2020, including by gunning down and
attempting to seize Salaythis Melvin despite the fact that he posed no threat
to Deputy Montiel, the other Deputies, or anyone else at any time.
131. The Orange County Sheriff’s Office inadequately trained Marcus Bullock,
Eric Wheeler, John Doe I, and John Doe II such that they were utterly
incapable of performing their job as Sheriff’s Deputies on August 7, 2020,
including by failing to stop James Montiel from seizing and shooting
Salaythis Melvin in the back when he exhibited no reason to be seized or
justification for the use of deadly force. Marcus Bullock, Eric Wheeler,
John Doe I, and John Doe II stood by and did nothing while James Montiel
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shot and killed Salaythis Melvin despite the fact that he posed no threat to
James or anyone else at any time.
132. The Orange County Sheriff's Office has a policy, pattern, and practice of
inadequately training sheriff’s deputies to perform the job, including by
inadequately training them on proper use of force. Indeed, the Orange
County Sheriff's Office's use of force policy did not require Deputy
Montiel to use other reasonable means of seizure or force. Accordingly,
the Orange County Sheriff's Office's policy and training calls for deadly
force on a person running even if they are not a suspect and pose no threat
of harm to the deputy or anyone else.
133. The Orange County Sheriff’s Office, under color of law, failed to provide
adequate training to its officers regarding procedures and methods to avoid
the infliction of deadly force on a person who is not posing a threat and not
the subject of their investigation. The procedures and methods as to which
the Orange County Sheriff’s Office failed to provide adequate training
include, but are not limited to, the following:
a. the proper and reasonable procedures for conducting a foot pursuit;
b. the proper and reasonable procedures to ensure that a supervisor is in
charge during the execution of a warrant where there are other parties
Page 30 of 38
present that are not the target od the warrant to make sure the supervisor
properly coordinates, manages, and oversees any possible pursuits;
c. the proper and reasonable procedures for identifying and assessing a
scene.
d. prior to restraining and making physical contact with a suspect;
e. the proper and reasonable procedures to not pursue person that are not
suspects and are not posing threats who may be in fear because law
enforcement officers are not immediately identifiable as law
enforcement officers and prevent causing those persons great bodily
injury or death;
f. the proper and reasonable procedures to be followed when approaching
a person that is not a suspect they believe to be armed;
g. the proper and reasonable procedures for taking control of an arrest
scene involving multiple law enforcement officers and ensuring that
one officer serves as the primary officer or supervisor;
h. the proper and reasonable procedures to be followed with respect to the
use of less than lethal force;
i. the proper and reasonable procedures to be followed with respect to the
use of lethal force;
Page 31 of 38
j. the proper and reasonable procedures for de-escalation prior to the use
of lethal force including, without limitation, the need to ensure that law
enforcement officers properly identify themselves when they are
driving undercover vehicles and there is a high probability that prior to
exiting this vehicle suspects and non-suspects will not know that law
enforcement officers are present;
k. the proper and reasonable procedures to be followed by an officer in
preparing to fire his or her weapon;
l. the proper and reasonable procedures to be followed to avoid
contagious fire;
m. the proper and reasonable procedures to be followed to ensure that
medical assistance is provided to a suspect following the use of lethal
force; and
n. the proper and reasonable procedures to be followed with respect to the
use of issued body worn cameras, including, without limitation, when
they should be worn, activated, and de-activated.
134. Proper training in one or more of the procedures listed in the above
paragraph would have prevented the killing of Salaythis Melvin and could,
and should, have been implemented by the Orange County Sheriff’s
Page 32 of 38
Office. James Montiel, Marcus Bullock, Eric Wheeler, John Doe I, and
John Doe II could, and should, have been trained in those procedures.
135. These same training failures explain why Deputies Marcus Bullock, Eric
Wheeler, John Doe I, and John Doe II did nothing to intervene in Montiel's
use of lethal force when no threat was posed.
136. The Orange County Sheriffs Office fosters and encourages policy to
unlawfully detain individuals that are with suspects that have warrants in
order to question those individuals. With no regard to violating those
individuals’ constitutionals rights.
137. The Orange County Sheriff's Office's failure to adequately train in these
respects constituted a deliberate indifference to the constitutional rights of
citizens like Salaythis Melvin.
138. As a result of the Orange County Sheriff's Office's failure to adequately
train in these respects, Salaythis was shot in the back, suffered severe pain
and suffering and emotional distress, and died.
139. The Orange County Sheriffs Office had knowledge of an obvious risk to
the constitutional rights of persons with whom the Warrants Unit came into
contact with that is why some of the officers in the unit either did not have
body cameras or their cameras mysteriously did not capture the footage.
Page 33 of 38
140. There have been several deaths caused at the hands of this unit and a lot of
the incidents have not been captured on the officer’s body worn cameras
because either they did not have the camera on, or the camera was not
functioning properly.
141. As a direct and proximate result of the policies, patterns, practices, and/ or
customs of the Orange County Sheriff's Office, Salaythis Melvin’s next of
kin have suffered pecuniary loss, including medical and funeral expenses,
loss of kinship, aid, counsel, guidance, advice, assistance, and protection
and support.
142. The Orange County Sheriff's Office acted under the color of state law to
deprive Salaythis Melvin of his rights under the U.S. Constitution. As such,
the Orange County Sheriff's Office has violated 42 U.S.C. § 1983.
Defendant, JOHN W. MINA, in his official capacity as ORANGE COUNTY
SHERIFF for compensatory damages, costs, disbursements, attorney's fees, interest
and for any other relief that the Court deems fair and just.
COUNT VII
UNREASONABLE SEARCH AND SEIZURE:
CONSPIRACY TO VIOLATE CIVIL RIGHTS
Page 34 of 38

SALAYTHIS MELVIN claim against Defendant, DEPUTY JAMES MONTIEL
MARCUS BULLOCK, ERIC WHEELER, JOHN DOE I, AND JOHN DOE II)
143. Paragraphs 1 through 65 above are realleged and incorporated by reference
herein.
144. Defendants, DEPUTY JAMES MONTIEL MARCUS BULLOCK, ERIC
WHEELER, JOHN DOE I, AND JOHN DOE II combined, conspired,
confederated, and agreed with each other to violate Plaintiffs' rights to be
free from unreasonable searches and seizures under the Fourth and
Fourteenth Amendments to the United States Constitution.
145. As a direct and proximate results of the Defendants' actions, SALAYTHIS
MELVIN was shot in the back and experienced severe pain and suffering
and emotional distress and died.
147. The acts and omissions of Defendants’ were intentional, wanton,
malicious, reckless, oppressive, and/ or showed callous indifference to the
federally protected rights of SALAYTHIS MELVIN.
Page 35 of 38
Representative of the Estate of SALAYTHIS MELVIN, demands judgment
against Defendants, DEPUTY JAMES MONTIEL MARCUS BULLOCK, ERIC
WHEELER, JOHN DOE I, AND JOHN DOE II for compensatory and punitive
damages, costs, disbursements, attorney's fees, interest and for any other relief
that the Court deems fair and just.
STATE LAW CLAIMS
COUNT VIII
BATTERY
SALAYTHIS MELVIN claim against Defendant, DEPUTY JAMES MONTIEL)
149. Defendant, DEPUTY JAMES MONTIEL 's conduct resulted in a harmful
or offensive contact with SALAYTHIS MELVIN’S person.
150. Defendant, DEPUTY JAMES MONTIEL 's harmful or offensive contact
with SALAYTHIS MELVIN was intentional.
151. Defendant, DEPUTY JAMES MONTIEL's harmful or offensive contact
with SALAYTHIS MELVIN was unjustified, unpermitted, and made
without SALAYTHIS MELVIN consent.
Page 36 of 38
152. As a result of Defendant, DEPUTY JAMES MONTIEL's harmful or
offensive contact with SALAYTHIS MELVIN, SALAYTHIS MELVIN
was shot in the back, experienced severe pain and suffering and emotional
distress, and died.
SALAYTHIS Melvin’s' next of kin have suffered pecuniary loss, including
medical and funeral expenses, loss of kinship, aid, counsel, guidance,
advice, assistance, and protection and support.
154. The acts and omissions of Defendant, DEPUTY JAMES MONTIEL were
intentional, wanton, malicious, reckless, oppressive, and/ or showed
callous indifference to the federally protected rights of SALAYTHIS
MELVIN.
WHEREFORE, Plaintiff MICHELIN D. MCKEE, as Personal Representative of
the Estate of SALAYTHIS MELVIN, demands judgment against Defendant,
DEPUTY JAMES MONTIEL for compensatory damages, costs, disbursements,
attorney's fees, interest and for any other relief that the Court deems fair and just.
EMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury of all issues so triable.
Dated this 30th day of June, 2021.
Page 37 of 38
Attorney for PLAINTIFF
/s/ Bradley N. Laurent

BRADLEY N. LAURENT, ESQ.
Florida Bar Number: 0010530
8615 Commodity Circle, Unit 6
Orlando, Florida 32819
Telephone: (407) 246-0077
Facsimile: (407) 246-0078
Email: bnl@fighting4ulaw.com
Attorney for PLAINTIFF
/s/ Carlus Haynes

CARLUS HAYNES, ESQ.
Florida Bar Number: 0935611
8615 Commodity Circle, Unit 6
Orlando, Florida 32819
Telephone: (407) 246-0077
Facsimile: (407) 246-0078
Email: champ@fighting4ulaw.com
Page 38 of 38

Salaythis Melvin Federal Lawsuit

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Case 6:21-cv-01085 Document 1 Filed 06/30/21 Page 1 of 38 PageID 1

UNITED STATES DISTRICT COURT

DEPUTY JAMES MONTIEL, in his individual

COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW, the Plaintiff, MICHELIN D. MCKEE, as Personal

Representative of the Estate of SALAYTHIS MELVIN (hereinafter referred to as

“Plaintiff”), by and through his undersigned counsel and sues Defendants,’

DEPUTY JAMES MONTIEL, in his individual capacity and as an agent of the

Orange County Sheriffs Office, (herein after referred to as “Defendant MONTIEL”);

DEPUTY MARCUS BULLOCK, in his individual Capacity and as an agent of the

ORANGE COUNTY SHERIFFS OFFICE(herein after referred to as “Defendant

BULLOCK”); DEPUTY ERIC R. WHEELER in his individual Capacity and as an

agent of the ORANGE COUNTY SHERIFFS OFFICE(herein after referred to as

“Defendant WHEELER”); DEPUTY JOHN DOE I, in his individual Capacity and

as an agent of the ORANGE COUNTY SHERIFFS OFFICE(herein after referred to

an agent of the ORANGE COUNTY SHERIFFS OFFICE (herein after referred to

COUNTY SHERIFF and herein requests judgment of this court declaring

unconstitutional and unlawful certain actions of the defendants, which resulted in

Fourteenth Amendments of the United States Constitution as well as other civil

Defendant as compensation for the deprivation of the deceased constitutional rights

that this Court deems just and proper.

JURISDICTION AND VENUE

in this judicial district.

or have been waived as a matter of law.

4. On information and belief, it is alleged that the named Defendants resides

in this judicial district within Orange County Florida.

NATURE OF THE ACTION

5. On August 7, 2020, 22-year-old Salaythis Melvin was a patron of the

killed without justification by Defendant James Montiel an Orange County

Sheriff Deputy who was not in Uniform and also traveling in an

6. Salaythis Melvin was an African American male. He had done nothing to

nothing to justify being seized by Deputy James Montiel. James Montiel

unjustifiably shot and killed Salaythis Melvin.

7. Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate

of SALAYTHIS MELVIN brings this action pursuant to 42 U.S.C. § 1983

8. Plaintiff, MICHELIN D. MCKEE, as Personal Representative of the Estate

of SALAYTHIS MELVIN is presently a resident of Orange County,

9. The deceased SALAYTHIS MELVIN at all material times herein was a

resident of said county.

10. Defendant, DEPUTY JAMES MONTIEL, is a police officer who is

eighteen (18) and on information and belief is a resident in or is employed

as an agent of the Orange County Sheriff’s Office.

11. Defendant, DEPUTY MARCUS BULLOCK, is a police officer who is

eighteen (18) and on information and belief is a resident in or is employed

as an agent of the Orange County Sheriff’s Office.

12. Defendant, DEPUTY ERIC WHEELER, is a police officer who is

eighteen (18) and on information and belief is a resident in or is employed

as an agent of the Orange County Sheriff’s Office.

13. Defendant, DEPUTY JOHN DOE I, is a police officer who is employed

and on information and belief is a resident in or is employed in Orange

of the Orange County Sheriff’s Office

and on information and belief is a resident in or is employed in Orange

of the Orange County Sheriff’s Office.

County Sheriff Warrant Unit that was serving an arrest warrant on

Vanshawn Sands in Orange County Florida.

16. On August 7, 2020, between at approximately 12pm and 1pm Deputies

JAMES MONTIEL along with several other members of the Orange

Dicks Sporting Goods attempting to execute an arrest warrant on

enforcement vehicles. In fact the cars were being used as surveillance

belonged to law enforcement officers.