Rochenel Silas, et al vs. Paul Yesbeck, et al

Case Background

On March 11, 2015, Plaintiff Rochenel Silas and Marida Silas filed a Police Misconduct lawsuit in the Florida State Circuit Court of Broward County County (Case number: CACE15004358 ). Judge John Bowman presided over the case.

Cause

On April 4, 2011, at 3:48 PM, Broward County Sheriff’s Office (BSO) Deputy Paul Yesbeck arrived at 1548 NE 30th Court, Pompano Beach, Florida. This was the residence of 59-year-old Rochenel Silas. Deputy Yesbeck proceeded to arrest Silas at his home. During this encounter, Yesbeck allegedly used excessive force. He was accused of striking Silas and forcefully twisting his shoulder. The complaint noted that Yesbeck lacked an arrest warrant. Silas did not consent to his detention or arrest.

Injuries

Due to Deputy Yesbeck’s alleged actions, Rochenel Silas sustained significant injuries. His shoulder was primarily affected by the striking and twisting. Silas experienced ongoing pain and suffering from these injuries. The incident also led to some disability, though the extent was not specified. Silas reported psychological harm from the encounter. He experienced mental anguish and disfigurement, suggesting lasting visible changes to his appearance. Silas also claimed humiliation due to the alleged false arrest, which affected his emotional state and reputation.

Damages

Rochenel Silas claimed extensive damages. He incurred substantial medical expenses, including hospitalization and ongoing care. The complaint suggested long-term health and financial impacts. Silas reported a loss of income, both immediate and future. He also experienced an aggravation of a pre-existing condition, though details were not provided.

Silas claimed a reduced quality of life, described as a “loss of capacity for the enjoyment of life.” This included impacts on daily living and recreational activities. He also incurred legal fees related to his release following the alleged false arrest. Marida Silas, his wife, filed a loss of consortium claim. She asserted that the injuries and trauma deprived her of her husband’s care, comfort, and companionship. Marida also reported out-of-pocket expenses from the incident and her husband’s injuries.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rochenel Silas | Marida Silas
    • Counsel for Plaintiff: Oscar Syger

 

  • Defendant(s):Broward County Sheriff’s Office, Paul Yesbeck, Gregory Tony

Claims

Battery against the Broward County Sheriff’s Office (BSO): The plaintiffs alleged BSO was vicariously liable for Yesbeck’s battery. This claim was based on respondeat superior, which holds employers responsible for employees’ actions within employment scope.

Battery against Deputy Paul Yesbeck: A direct claim was made against Yesbeck for the alleged harmful physical contact with Silas. The complaint emphasized Yesbeck’s actions showed “wanton and willful disregard” for Silas’s rights, potentially allowing punitive damages.

False Arrest against BSO: This claim asserted Yesbeck unlawfully detained Silas without proper authority. He lacked an arrest warrant, and Silas did not consent.

Loss of Consortium by Marida Silas against BSO and Yesbeck: Marida sought compensation for the negative impact on her marital relationship due to her husband’s injuries.

The plaintiffs emphasized Yesbeck’s actions were “under color of law,” meaning he acted in his official capacity. This is crucial in civil rights claims. The complaint sought damages exceeding $15,000, the jurisdictional threshold for Florida’s circuit courts.

Defense

Defendants Scott Israel and Paul Yesbeck responded with their answer and affirmative defenses. They denied most allegations, including excessive force, battery, and false arrest. They admitted only to the plaintiffs’ compliance with pre-suit notification requirements. In their defenses, the defendants argued the complaint failed to state a claim for relief. They claimed damages resulted from acts or failures by others or Silas’s conduct. They asserted some claims were barred by the statute of limitations and that the plaintiffs failed to comply with Florida Statutes Section 768.28 on pre-suit requirements.

The defendants invoked sovereign immunity as constitutional officers and a governmental subdivision. They argued their liability was limited under Florida law. They claimed Deputy Yesbeck used only necessary force under the circumstances.

Expert Testimony

The defense presented two orthopedic surgeons, Dr. Daniel A. Sheldon and Dr. Audie M. Rolnick. They reviewed Silas’s medical records, conducted physical exams, and testified on his injuries and prognosis. Their opinions aimed to offer an objective evaluation of Silas’s condition and treatment.

Jury Verdict

On March 21, 2024, the jury found Deputy Yesbeck did not unlawfully detain Rochenel Silas. However, they determined Yesbeck intentionally committed battery against Silas. For damages, the jury awarded no compensation for the false arrest claim. They awarded $28,000 for the battery charge in a Police Misconduct Lawsuit.

Court Documents:

Available Upon Request