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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

Case No:

MELLISA CRUZ, as Personal Representative

of the Estate of DANIEL P. KNIGHT,

Plaintiff,

v.

CITY OF WINTER PARK, a Florida

municipality; CITY OF WINTER PARK
POLICE CHIEF TIMOTHY VOLKERSON,
in his official capacity; SERGEANT
KENTON TALTON, in his individual
capacity; and OFFICER CRAIG
CAMPBELL, in his individual capacity.

Defendants.

COMPLAINT AND JURY TRIAL DEMAND

Plaintiff MELLISA CRUZ, as Personal Representative of the Estate of Daniel P. Knight,

deceased, by and through undersigned counsel, sues Defendants CITY OF WINTER PARK, a

Florida municipality, CITY OF WINTER PARK POLICE CHIEF TIMOTHY VOLKERSON, in

his official capacity, SERGEANT KENTON TALTON, in his individual capacity, and

OFFICER CRAIG CAMPBELL, in his individual capacity, and alleges:

INTRODUCTION

1. This action involves the violation of Mr. Daniel P. Knight's federal civil rights by

Defendants acting under color of state law. It contains state wrongful death causes of action

pursuant to this Court's concurrent and pendant jurisdiction. The aggregate amount of damages

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claimed by Plaintiff against all Defendants is in excess of seventy-five thousand dollars

($75,000.00).

JURISDICTION AND VENUE

2. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 1983, § 1988, the

Fourth and Fourteenth Amendments to the United States Constitution, and the Florida Wrongful

Death Act, Florida Statutes § 768.16 – 768.28.

3. Plaintiff's claims for relief are predicated on 42 U.S.C. § 1983, which authorizes

actions to redress the deprivation, under color of state law, of rights, privileges, and immunities

secured to Plaintiff by the Constitution and laws of the United States and by 42 U.S.C. § 1988

which authorizes the award of attorneys' fees and costs to prevailing plaintiffs in actions brought

pursuant to 42 U.S.C. § 1983.

4. Venue is appropriate in this Court as the acts alleged to have been committed by

Defendants against Plaintiff's decedent occurred wholly within Orange County, Florida.

5. A written notice of Plaintiff's claims asserted was submitted to the Winter Park

Police Department, Florida's Department of Financial Services, Office of the State Attorney, Ninth

Judicial Circuit, the City of Winter Park, and the Florida Department of Law Enforcement on or

about April 20, 2022, a copy of which is attached hereto as Exhibit A. Plaintiff has received no

response; therefore, the allegations contained therein are deemed denied by operation of law.

6. The Plaintiff seeks an award for damages for the wrongful death of Mr. Knight,

loss of services, protection, care, assistance, companionship, comfort, guidance, counsel, and

advice, and for funeral and burial expenses under 42 U.S.C. § 1983 and the Florida Wrongful

Death Act. Plaintiff asserts all available claims for damages pursuant to Florida Statute § 46.021

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and under Florida’s Wrongful Death Act and under federal law, including special damages

suffered by The Estate of DANIEL P. KNIGHT and Mr. Knight’s statutory survivors.

7. Plaintiff further seeks an award for punitive damages, court costs, and attorney fees

in connection with the federal claims.

8. All conditions precedent to bringing this action for recovery of attorney's fees under

state and federal law, including those set forth in Fla. Stat. § 768.28(6)(a), have occurred or have

been satisfied.

PARTIES

1. Plaintiff Mellisa Cruz ("Ms. Cruz"), as Personal Representative of the Estate of

Daniel P. Knight, is a citizen of the State of Florida residing in Polk County and is otherwise sui

juris. Ms. Cruz is the parent of Mr. Knight's two minor children. Their children and Mr. Knight's

adult child, Denaysia Knight, are survivors as defined under the Florida Wrongful Death Act.

2. At all times material, the decedent, Mr. Daniel P. Knight ("Mr. Knight”), was a

resident of Polk County, Florida. Mr. Knight died of injuries from gunshot wounds sustained on

or about February 19, 2022, in Winter Park, Florida.

3. Defendant City of Winter Park ("the City") was and is a municipality and/or

political subdivision of the State of Florida located in Orange County. At all material times, the

City of Winter Park was responsible for its agents and employees of the Winter Park Police

Department.

4. Defendant Police Chief Tim Volkerson ("Chief Volkerson") is currently employed

by the City of Winter Park as the Chief of Police. He is sued in his official capacity as the chief

constitutional officer of the law enforcement agency liable for Mr. Knight's damages. At all

material times, Chief Volkerson was in charge of the Winter Park Police Department ("WPPD"),

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its agents, and its employees, including supervising, training, and establishing policies, customs,

and procedures to conform their conduct to the United States Constitution and Florida common

law.

5. Defendant Sergeant Kenton Talton ("Sergeant Talton"), at all times material to this

action, was employed by WPPD as a police officer. He is sued in his individual capacity.

6. Defendant Officer Craig Campbell ("Officer Campbell"), at all times material to

this action, was employed by WPPD as a police officer. He is sued in his individual capacity.

7. At all times material, Defendants were acting under color of state law.

STATEMENT OF FACTS

8. On or about February 19, 2022, Mr. Knight attended his niece's wedding at the

Winter Park Library and Event Center (“WPLEC”).

9. WPLEC is owned and operated by the City.

10. The City leased WPLEC to Mr. Knight’s relatives for his niece’s wedding.

11. The City permitted “preferred caterers” to serve alcohol to the wedding guests,

including Mr. Knight.

12. The City maintained control over WPLEC at all times before, during and after the

wedding, including the setting of rules governing WPLEC and the enforcement of those rules.

13. The City had a duty to provide safety and security at WPLEC under these

circumstances, including the foreseeable overserving of alcohol to wedding patrons, in order to

keep the peace and to protect patrons of the wedding, including the decedent, Mr. Knight.

14. This wedding had well over one hundred (100) guests in attendance.

15. The City provided no security measures to ensure the safe and responsible

consumption of alcohol by the wedding guests.

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16. Knight was overserved alcohol by the caterer approved by the City and predictably,

became intoxicated.

17. The manager of (“WPLEC”), a City employee, Alexandra Pape ("Ms. Pape”),

called 9-1-1, claiming Mr. Knight was acting violently, throwing people on the floor, and

describing him as "irate."

18. Ms. Pape also described Mr, Knight as “drunk”, “intoxicated”, and notified 9-1-1

dispatch that “anybody of authority is making him angry.”

19. Ms. Pape did not personally observe Mr. Knight posing an actual threat to anyone

and was not justified in calling law enforcement to the scene under these circumstances.

20. In response to the call, Officers Talton and Campbell responded to WPLEC where

Ms. Pape directed them to where Mr. Knight was standing with his family.

21. Even though Campbell knew that Mr. Knight was mentally compromised due to

the overserving of alcohol and that he was reacting poorly to authority, Campbell aggressively

approached Mr. Knight as he was standing next to his sister.

22. At this time, Mr. Knight posed no immediate threat to anyone.

23. In response to the Campbell’s aggressive approach, Mr. Knight's sister said to the

Officers: "He's okay. He's our brother." Both sisters continued to explain that Mr. Knight is their

brother, that it is his first wedding, that he has PTSD, that he is not going to hurt anybody, and that

he is “just drunk.”

24. Mr. Knight was unarmed, and his hands were visible.

25. Due to the darkness in this area, the officers’ uniforms were not easily visible to

Mr. Knight.

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26. Neither Talton nor Campbell identified themselves as police officers to Mr. Knight

or anyone else.

27. Upon his arrival, Talton heard family members and witnesses say the following:

i. "He's okay. He's okay. He's okay."

ii. "He's our brother. He's our brother. He's our brother."

iii. "It's his first wedding. It's his first wedding. It's his first wedding."

iv. "He's got PTSD."

v. "He's not going to hurt anybody. He's not going to hurt anybody."

vi. "He doesn't have any weapons. He doesn't have any weapons."

vii. "Wait. Wait. Wait."

viii. "He's drunk. He's drunk. He's drunk."

28. Before even making eye contact with Mr. Knight, Talton said to Mr. Knight, "Hey,

put your hands behind your back."

29. At this point, there was no objectively reasonable basis to believe the officers or

any other individuals were in immediate danger of death or great bodily harm. Yet, Talton and

Campbell chose not to de-escalate the situation.

30. Instead, Talton and Campbell continued to try to unlawfully apprehend Mr. Knight,

even though they had witnessed no arrestable offenses upon their arrival. Witnesses continued to

repeat, "he's just drunk," and plead with the officers to just "hold on."

31. Witnesses on scene continued to try and de-escalate the situation. During this time,

Mr. Knight was not in possession of any weapons, nor did he try to grab any of the officer’s

weapons, thus never placing Talton or Campbell in fear of imminent death or great bodily harm.

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32. Campbell then grabbed the arm of Knight’s sister who had placed herself in front

of Mr. Knight to protect him from inappropriate law enforcement intervention.

33. Upon seeing Campbell grab his sister, Knight tried to defend her by hitting

Campbell.

34. After a brief scuffle, Talton escalated the situation when he used unjustifiable

deadly force, firing seven (7) rounds into Mr. Knight at point blank range.

35. Talton shot Mr. Knight just one (1) minute and 52 seconds after he arrived on the

scene.

36. After shooting Mr. Knight, Talton remained on the scene performing crowd control

and interacting with witnesses for more than 12 minutes, even threatening to "lock up" other

guests.

37. Witnesses pleaded with the police officers to get an ambulance there as quickly as

possible, but it would be more than 12 minutes before the WPPD officers permitted EMS to assist

Mr. Knight.

38. During this time, witnesses performed CPR non-stop, noting that Mr. Knight still

had a pulse.

39. As a result of his gunshot wounds, Mr. Knight was pronounced dead at the hospital

shortly thereafter.

40. The deadly force Talton used on an anarmed citizen known to have been mentally

compromised was excessive, unreasonable, and in violation of Federal and State law, as well as

accepted police practices within the United States, including the WPPD.

41. Campbell and Talton did not witness Mr. Knight commit any crime or endanger the

safety of any person before they began their assault on Mr. Knight and his sister.

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42. Under the circumstances, Talton, in violating the rules and orders of the WPPD,

unnecessarily placed himself in a confrontational situation with Mr. Knight for no legitimate law

enforcement purpose.

43. Talton's conduct violated Mr. Knight's rights under the Fourth and Fourteenth

Amendments to the United States Constitution, and Talton was negligent in failing to follow

WPPD rules and orders.

44. Talton failed to follow WPPD Standard Operating Procedure #222, Use of Force,

De-escalation Techniques, which provides: "Taking actions to stabilize a situation and reduce the

immediacy of the threat so that more time, options, and resources are available to resolve the

situation. The goal of de-escalation is to gain voluntary compliance of a subject and thereby reduce

or eliminate the necessity to use force."

45. Contrary to WPPD policy, Talton did not:

a. Take action to stabilize the situation.

b. Take actions to reduce the immediacy of the threat.

c. Attempt to de-escalate.

46. Throughout the encounter, Talton and Campbell had numerous opportunities to de-

escalate the situation and at act responsibly and consistently within clear, reasonable police

procedures.

47. A reasonable police officer would have announced themselves as law enforcement,

given Mr. Knight time and space, listened to the family members who were clearly not threatened

by Mr. Knight and were simply trying to calm everyone.

48. Talton had less lethal alternatives available to him at the time he shot Mr. Knight.

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49. Talton did not attempt to de-escalate his interaction with Mr. Knight but rapidly

escalated the encounter through his own actions.

50. During Defendant City of Winter Park’s official review of the shooting death,

WPPD ratified the shooting and affirmed that the actions that led to Mr. Knight's death were in

accordance with the policies, practices, and customs of the City of Winter Park.

51. The City of Winter Park Police Department failed to adequately train, supervise,

and discipline its officers and subsequently ratified Talton's conduct. As a result, the City of Winter

Park is liable for the unlawful death of Mr. Knight.

52. As a result of the shooting, Mr. Knight's children lost the parental relationship with

their father. They have suffered and continue to suffer severe emotional distress and harm.

COUNT I
Violation of 42 U.S.C. § 1983 Deprivation of
Plaintiff's Civil Rights Against Defendant Talton

53. Plaintiff hereby incorporates by reference the allegations contained in paragraphs

1-52 inclusive, as if fully set forth herein.

54. Talton's actions occurred within the scope of his employment with the WPPD,

having occurred within the authorized time and space limits of his duties and to serve Chief

Volkerson.

55. This is an action for damages against Talton for the deprivation of Mr. Knight's

Fourth and Fourteenth Amendment rights in violation of 42 U.S.C. § 1983.

56. While Talton was acting under color of state and federal law as a police officer, he

subjected Mr. Knight to the deprivation of rights and privileges, including the constitutional rights

to not be deprived of his life, liberty, and due process of law, and the constitutional right to be free

from the excessive force against his person.

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57. Talton knew or should have known, and every reasonable law enforcement officer

in his position would have concluded that Mr. Knight was intoxicated at the time Talton

approached him and that he was not a threat to Talton or anyone else.

58. As a direct and proximate result of the above violations, Mr. Knight suffered

physical injury, pain, suffering, emotional distress, disability, and death.

59. Plaintiff Mellisa Cruz claims damages for the constitutional violations to, and

wrongful death of, Mr. Knight under 42 U.S.C. § 1983, 42 U.S.C. § 1988.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Talton, as set forth herein and for all

damages allowed by law including compensatory damages, special damages and including lost net

accumulations punitive damages, costs and attorney's fees and further demands trial by jury on all

issues so triable.

COUNT II: 42 U.S.C. § 1983 Deprivation of Plaintiff's Civil Rights Against Volkerson

60. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1

through 52 inclusive, as if fully set forth herein.

61. This is an action for damages against Defendant Volkerson, in his official capacity

as the Chief of Police for the City of Winter Park, for the deprivation of Mr. Knight's Fourth and

Fourteenth Amendment rights in violation of 42 U.S.C. § 1983.

62. At all material times, Chief Volkerson was responsible for WPPD, its agents and

employees, including supervising, overseeing, training and establishing policies, customs and

procedures to conform their conduct to the United States Constitution and Florida common law.

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63. At all times material, Chief Volkerson was responsible for adopting and

implementing rules and procedures for the proper and efficient supervision and control of the

officers of the WPPD. These duties include, but are not limited to:

a. To create, adopt, and implement rules, regulations, practices, and procedures

toward hiring and retaining law enforcement officers who do not have a propensity

towards shooting citizens without cause, including Talton, who lacked sufficient

training on the proper use of firearms, the proper response to intoxicated persons,

communications skills and decision-making skills.

b. To create, adopt, and implement rules, regulations, practices, and procedures for

the proper and efficient training of law enforcement officers in a way and to an

extent necessary to ensure the utilization of a force continuum that prevents any

propensity towards violence and excessive force, and which ensures that the least

amount of force would be utilized during an encounter with any citizen, including

a person with mental illness.

c. To create, adopt, and implement rules and regulations, practices and procedures for

the proper and efficient supervision, control, disciplining, and assignment of law

enforcement officers in a way and to an extent necessary to ensure that citizens will

not be shot without cause and that unnecessary and wanton pain will not be inflicted

on citizens, by the agents and employees of the WPPD.

d. To implement rules, regulations, policies, practices, and procedures necessary to

properly and fully investigate claims by citizens of the extreme and wanton acts of

officers and all other employees of the WPPD.

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e. Enforcing the rules, regulations, policies, practices, and procedures when an officer

violates the same.

64. Chief Volkerson owed a legal duty to Mr. Knight to exercise reasonable care in

hiring, training, and retaining safe and competent employees. Chief Volkerson breached his

aforesaid legal duties and said breach(es) caused Mr. Knight's damages.

65. Chief Volkerson, with deliberate indifference, failed to adequately train or

otherwise supervise and direct WPPD and its police officers concerning the rights of the citizens

they encounter in their duties, such that it is a policy, practice, and customer for the officers,

including Talton, to take extreme and reckless actions against the citizens they encounter,

including Mr. Knight.

66. The aforementioned actions committed by Talton were proximately caused by the

policies, customs, and practices of Chief Volkerson in failing to fulfill his duties as alleged in the

previous paragraphs of this Complaint.

67. The aforementioned policies, customs, and practices of Chief Volkerson and the

actions of Talton were the legal cause of Mr. Knight's death and Plaintiff's damages.

68. In addition to the policies, customs, and practices referenced above, Chief

Volkerson was grossly negligent, reckless, or deliberately indifferent to the health, safety, and

welfare of Mr. Knights in that Chief Volkerson expressly acknowledged and assented to the failure

to properly train, supervise, control, screen, and review for continued employment, the persona

and conduct of Sergeant Talton. As a result, Chief Volkerson had reason to know that Talton would

act unlawfully, and he failed to stop Talton’s actions.

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69. The gross negligence, recklessness, and deliberate indifference of Chief Volkerson

identified above was a further underlying cause of the constitutional torts committed by Talton

and was the proximate and legal cause of Mr. Knight's injuries and the damages noted above.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Chief Volkerson for all damages

allowed by law, including compensatory damages, special damages and including lost net

accumulations punitive damages, costs, and reasonable attorney's fees pursuant to 42 U.S.C. §

1988 and any other relief which the Court determines is appropriate.

COUNT III: State Wrongful Death Action Against Defendant Volkerson

70. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1

through 52 inclusive, as if fully set forth herein.

71. At all times material, Talton was working within the course and scope of his

employment as a law enforcement officer for WPPD and Defendant Volkerson.

72. At all times material hereto, Chief Volkerson was charged with the responsibility

and duty of adopting, implementing, and enforcing rules and procedures for WPPD deputies to

ensure the safety and supervision of the public in the City of Winter Park, including Mr. Knight.

73. Chief Volkerson is liable for Talton’s actions during his encounter with Mr. Knight,

including:

a. Despite no immediate threat, Talton made an affirmative election to engage and

provoke Mr. Knight.

b. Talton chose to use his firearm, i.e., deadly force, instead of his taser or pepper

spray, i.e., less lethal force.

c. Upon his arrival, Talton heard family members and witnesses say the following:

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i. "He's okay. He's okay. He's okay."

ii. He's our brother. He's our brother. He's our brother."

iii. It's his first wedding. It's his first wedding. It's his first wedding."

iv. "He's got PTSD."

v. He's not going to hurt anybody. He's not going to hurt anybody."

vi. "He doesn't have any weapons. He doesn't have any weapons."

vii. "Wait. Wait. Wait."

viii. "He's drunk. He's drunk. He's drunk."

d. Despite all of these statements from the family pleading with the officers to de-

escalate the situation, Sergeant Talton made the affirmative election to fire seven

rounds at Mr. Knight.

74. As a direct and proximate result of the negligence of Chief Volkerson, Mr. Knight

was killed at his niece's wedding, entitling his estate and survivors to recover all damages

allowable under the Florida Wrongful Death Act.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Chief Volkerson for all damages

allowable under the Florida Wrongful Death Act including special damages and including lost net

accumulations and any other relief the Court deems appropriate. Trial by jury is hereby demanded.

COUNT IV: State Wrongful Death Action Against Talton

75. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1

through 52 inclusive, as if fully set forth herein.

76. At all times, Talton had a duty to act in a reasonable manner, including while he

was on duty as a police officer for the WPPD.

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77. Talton breached this duty and exhibited wanton and willful disregard for the safety

of Mr. Knight during the encounter on February 19, 2022, when he failed to announce himself as

law enforcement, failed to assess the situation, failed to give Mr. Knight time and space, failed to

listen to the family members who were clearly not threatened and only trying to calm everyone

down, and failed to employ any de-escalation Techniques contrary to WPPD Standard Operating

Procedure #222.

78. As a direct and proximate result of Talton’s negligence, Mr. Knight was killed at

his niece's wedding, entitling his estate and survivors to recover all damages allowable under the

Florida Wrongful Death Act.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Sergeant Talton for all damages

allowable under the Florida Wrongful Death Act special damages, and including lost net

accumulations and any other relief the Court deems appropriate.

COUNT V: State Wrongful Death Action Against Officer Campbell

79. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1

through 52 inclusive, as if fully set forth herein.

80. At all times, Campbell had a duty to act in a reasonable manner, including while he

was on duty as a police officer for the WPPD.

81. Campbell breached this duty and exhibited wanton and willful disregard for the

safety of Mr. Knight during the encounter on February 19, 2022, when he failed to announce

himself as law enforcement, failed to assess the situation, failed to give Mr. Knight time and space,

failed to listen to the family members who were clearly not threatened and only trying to calm

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everyone down, and failed to employ any De-escalation Techniques contrary to WPPD Standard

Operating Procedure #222.

82. As a direct and proximate result of Campbell’s negligence, Mr. Knight was killed

at his niece's wedding, entitling his estate and survivors to recover all damages allowable under

the Florida Wrongful Death Act.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Campbell for all damages allowable

under the Florida Wrongful Death Act including special damages and including lost net

accumulations and any other relief the Court deems appropriate.

COUNT VI: State Negligence Claim against Defendant City of Winter Park

83. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1

through 52 inclusive, as if fully set forth herein.

84. At all times material, Winter Park Library and Event Center (“WPLEC”) was

owned, operated, staffed, and supervised, by the City of Winter Park.

85. Defendant City of Winter Park, owed Plaintiff the duty of safely operating,

supervising, staffing, and otherwise monitoring and controlling the activities of its employees and

invitees, including but not limited to, ensuring that wedding guests would be reasonably served

alcohol.

86. Defendant City of Winter Park, is vicariously liable for the unreasonable acts and

omissions of its employees, including but not limited to, Ms. Pape, who unreasonably set in motion

the events leading to the death of Mr. Knight.

87. In the alternative, Defendant City of Winter Park, is directly liable for its own

negligence in failing to reasonably and adequately staff and secure a wedding of this magnitude

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that it knew involved alcohol consumption, and by failing to reasonably and adequately provide

security, and supervision of its employees and invitees.

88. As a direct and proximate result of the negligence of Defendant City of Winter

Park, Mr. Knight was overserved alcohol, left unsupervised, and was killed at his niece's wedding,

entitling his estate and survivors to recover all damages allowable under the law.

WHEREFORE, Plaintiff Mellisa Cruz, as Personal Representative of the Estate of Daniel

P. Knight, deceased, demands judgment for damages against Volkerson for all damages allowable

under the law including special damages and including lost net accumulations and any other relief

the Court deems appropriate.

JURY DEMAND

A demand for a jury trial is hereby made as to all claims.

Dated: February 15, 2024.

/s/Guy Bennett Rubin

GUY BENNETT RUBIN, ESQ.
Florida Bar No.: 691305
PAUL M. ALOISE, JR. ESQ.
Florida Bar No. 127483
Rubin & Rubin
2055 S. Kanner Hwy.
Stuart, FL 34994
Telephone: (772) 283-2004
Facsimile: (772) 283-2009
grubin@rubinandrubin.com
service@rubinandrubin.com
dkrebs@rubinandrubin.com
Attorneys for Plaintiff

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