Attorneys for Palm Beach County Sheriff's Sergeant Michael Custer say he should be dropped from the lawsuit because of a law that shields officers from being held personally responsible.
But in recently filed documents, attorneys for the family of Seth Adams want a judge to deny Sgt. Custer's appeal
Adams family attorneys point to a recent ruling by another federal judge who determined there were discrepancies with Custer's version of what happened the night he shot and killed Seth Adams in the parking lot of the Adams' family garden shop in Loxahatchee. As a result, the judge ruled, the case should be heard by a jury.
Just before midnight on May 16, 2012 Sgt. Custer was working an un-related surveillance operation after a string of ATM burglaries in the area. Custer parked in the lot of the family's One Stop Garden Shop when Seth Adams pulled in. Adams lived on the property with his brother and sister-in-law. Custer claimed he shot and killed 24-year-old Adams because Adams grabbed his throat. Custer also said he pulled the trigger after Adams turned around and appeared to be "fishing" for something in his truck. Custer claimed he thought Adams was reaching for a gun.
But evidence and witness testimony presented as part of the family's civil lawsuit against PBSO and Sgt. Custer contradict elements of Custer's account. For example, investigators did not observe any bruising or markings on Custer's neck, which would have supported Custer's claim that Adams grabbed his throat, "as hard as a man could grab you." In addition, blood splatter and other physical evidence also disputes Custer's claim that he shot Adams while Adams was standing on the driver side of Adams' pick-up with the door opened.
Custer's attorneys claim the PBSO veteran should not be named in the lawsuit because as a law enforcement officer he is entitled to qualified immunity. However, Adams' family attorneys argue he is seeking an appeal based on his own version of facts and not the facts, a federal judge has already determined, fuel questions and discrepancies.
The State Attorney ruled the shooting was justified. Sgt. Custer was also cleared by PBSO of violating any agency policies.
Earlier this year, a federal judge heard arguments over loss and destroyed evidence from the case, including Sgt. Custer's missing cell phone. An internal investigation by PBSO determined the lost cell phone to be the result of oversight and lack of follow up. The federal judge has yet to determine if PBSO will face any sanctions for the missing cell phone but called the loss of it, "disturbing."
The civil lawsuit won't go to trial until the appeals process is over.
If Custer wins the appeal, any possible damages from the civil lawsuit would fall on PBSO and not Sgt. Custer.
