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Council Member's Son To Sue Tampa

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By ELLEN GEDALIUS, The Tampa Tribune

Published: February 12, 2008

TAMPA - The son of Councilman Tom Scott is preparing to sue the city his father represents and has hired a high-profile lawyer to help him with the case.

Attorney Barry Cohen has filed a notice of intent to sue with the city of Tampa, arguing Marlon Scott was treated unfairly by police officers during an incident in 2006.

The officers, "illegally, improperly, physically entered Mr. Scott's dwelling, struck Mr. Scott with weaponry, physically subdued him and arrested Mr. Scott inside of his home without a warrant or justification," Cohen wrote.

The complaint stems from a November 2006 episode at Marlon Scott's home. An officer with Hillsborough County Animal Services visited the house to check on a complaint that Scott's two Rottweilers were restrained in the sun with short chains and no shelter. The next day, the officer took away the Rottweilers.

That night, Tampa police Officers Terrance Covais and Lenis Dawson arrested Marlon Scott. He was charged with obstructing an officer with violence, battery on an officer and animal cruelty. The state attorney's office didn't file the animal cruelty charges, and the other charges were later dropped.

As a result of the incident, Scott was "maliciously harassed, embarrassed, berated, beaten, assaulted, confined and ultimately arrested and prosecuted on criminal charges," his attorneys wrote in the claim. "Mr. Scott and his family suffered emotional distress, mental anguish, embarrassment, humiliation, fear and violation of their civil rights."

The claim names the city, the police officers, the Hillsborough County Commission and animal services officer Loretta Bradley.

Tampa's risk management office is reviewing the complaint, City Attorney David Smith said.

Hillsborough County has turned the claim over to a claims adjustment firm to investigate Scott's allegations against the animal services investigative officer. The claims adjusters will decide whether the county has any potential liability, said Sheree Fish, county managing attorney.

"If there is any wrongdoing, we try to settle the claim before any lawsuit is filed," Fish said. "But we don't even know what they're claiming in their damages."

Cohen could not be reached for comment.

Smith and the police department declined to comment on the allegations in the complaint.

Marlon Scott also declined to talk about the specifics of the incident, but said his father's position had nothing to do with his decision to file a claim.

"It has absolutely nothing to do with him and everything about what happened to me," Scott said.

Tom Scott said he called the mayor's office, the police chief and the county when the incident first happened, because he didn't like the way his son was treated. He said he made the phone calls after he lost his re-election bid for county commission and before he announced his candidacy for city council.

He said that if a settlement agreement is presented to the council, he would abstain from any discussion and vote. He said he left the decision to file the claim notice up to his 26-year-old son and his attorney.

Bill Armstrong, director of county Animal Services, said his department conducted an "extensive review" of Bradley's actions in the Scott case.

"My recollection of this is there was a review and I believe the officer conducted herself in a professional manner in enforcing the state statutes and the county's animal control ordinance," Armstrong said.

Reporter Mike Salinero contributed to this report. Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@ tampatrib.com.

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