Man Wins Lawsuit Against Police

October 5, 2006
LATISHA R. GRAY | latisha.gray@heraldtribune.com

A jury in federal court awarded a Sarasota man $253,350 in damages Wednesday afternoon in a lawsuit against two Sarasota police officers accused of violating his civil rights and arresting him without probable cause.

Raphael E. McKinon, 33, filed a lawsuit against Officers Eric Bolden and Sue Woniya about a year ago. McKinon said the two officers violated his civil rights when they allowed his baby's mother, Janine Rogers, to enter his home and take money and some of his personal belongings. McKinon was arrested and charged with obstruction after he refused to allow the woman and officers into the Dixie Avenue home.

According to court records, Rogers told police she had been living with McKinon since November 2003 and that they were breaking up. She had been released from prison two months earlier for assaulting a police officer. Her name was not on the lease, and McKinon's lawyer said he kicked her out because of drug use.

Officer Woniya talked with neighbors and learned Rogers had been staying with McKinon for at least two months.

McKinon believed Rogers was high on crack-cocaine when she came to the home, but officers didn't think Rogers was under the influence of drugs. McKinon reportedly told the officers that he did not know Rogers and that she never lived at the home.

McKinon repeatedly called 911 asking for a supervisor. Sgt. Norman Stockton, who is now a lieutenant in Internal Affairs, responded to the call.

The three officers reportedly talked to McKinon for more than 30 minutes about letting Rogers inside the home. After McKinon was arrested, the woman was allowed to go in the home.

Neither Bolden nor Woniya entered the house. Stockton went inside after McKinon's arrest to do a "protective sweep" to make sure nobody inside posed a security threat to law enforcement.

"He's a nurse trying to raise his kid and get ahead in life," said Drake Buckman, McKinon's attorney. "Does the system work? Yes, it does. Eight citizens (jurors) from all over the state of Florida vindicated the system today."

Sarasota Police Chief Peter Abbott did not return a phone call to his home Wednesday evening for comment.

McKinon has been arrested on several charges in the past, including drug possession and resisting arrest; most of those charges were dropped by the state.

"The irony of all of this is that Raphael McKinon knew the law better than these three officers and they have more than 45 years of experience," Buckman said.

"These officers had to learn that you can't arrogantly take the law into your own hands and make a decision."

Staff writer Michael Scarcella contributed to this report.