Smith V. James Et Al

Case Background

On April 15, 2022, Joseph Smith filed a civil rights lawsuit against four Boynton Beach Police Department (“BBPD”) officers, alleging Fourth Amendment rights violation and misconduct. The case was filed in the United States District Court, Florida Southern (West Palm Beach). The lawsuit was assigned to Judge Rodney Smith and referred to Magistrate Judge Shaniek Mills Maynard. [Case number: 9:22cv80590]

Cause

Joseph Smith filed an amended complaint against Shaun James, Mark Sohn, Andrew Berben, and Cory Herny, accusing them of misconduct during a May 1, 2018, traffic stop in Boynton Beach, Florida. James and Berben, dressed in plain clothes and driving erratically, stopped Smith without proper identification or legal justification. They accused Smith of speeding but lacked any device to verify the claim. They also alleged his car windows were illegally tinted and questioned him about drugs, weapons, and bombs without reasonable suspicion. Smith complied with their requests for his license, registration, and insurance but refused to allow a vehicle search. James and Berben then called for backup using personal cell phones to avoid using the official dispatch system. When Smith denied consent to search, K-9 Officer Sohn and Agent Herny arrived. Sohn’s K-9 failed to alert to any drugs, but the officers still searched Smith’s car. Smith claimed they planted drugs to justify their actions. Video evidence later revealed inconsistencies, including fabricated claims about the K-9 alert and false statements regarding the timing of the citations. The officers allegedly conspired to create false charges, which included drug possession and distribution, along with minor infractions like improper window tint and not wearing a seatbelt. Notably, Smith was never charged with speeding—the stated reason for the stop. The officers also allegedly tampered with evidence and failed to use proper recording equipment during the encounter. Smith filed a motion