ECSO, woman shot in standoff settle for $975K

A woman shot five times by deputies while being held hostage by her ex-boyfriend has reached a $975,000 settlement with the Escambia County Sheriff's Office.

Jacqueline Rosenbloom filed a civil suit alleging she was a victim of negligence, excessive use of force and battery by four deputies who responded to a home invasion at her Baywind Circle residence Oct. 29, 2010, and David Morgan in his official capacity as sheriff.

The case was scheduled for trial in federal court this month, however the two parties agreed to a settlement Jan. 31.

According to a statement from the Sheriff's Office, the Florida Sheriff's Association-sponsored Risk Management Fund made the decision to settle the lawsuit to avoid the risk of an adverse jury finding and judgment that would include the requirement to pay expensive attorney fees incurred by Rosenbloom's litigation team, and also potential appellate and Supreme Court litigation.

About $10,000 of the settlement will come from the ECSO budget, according to the statement.

"This was purely a business decision," Morgan said in a written statement. "This is not a concession of any fault or misconduct by this office or any of the deputies involved, each of whom demonstrated extraordinary bravery by risking, and in the case of former Deputy Jeremy Cassady, nearly losing losing their lives in their effort to rescue Ms. Rosenbloom."

Prior to the settlement, U.S. District Judge Richard Smoak issued an order denying the ECSO's motion for summary judgment in the case, writing "Taking the evidence in the light most favorable to plaintiff, there is evidence of wanton and willful disregard for the safety of plaintiff."

Cassady, Sam Parker, Chad Brown and Melony Peterson were among the deputies who responded to a home invasion call at Rosenbloom's residence in 2010. They were reportedly told that Philip Monier had forced his way into the home, kicked down Rosenbloom's bedroom door and was holding her hostage armed with a gun.

According to Smoak's order, the deputies entered the bedroom and began screaming at Monier. Cassady reportedly yelled to Monier, "Don't make me kill you," followed by, "I'll blow your (expletive deleted) brains out."

Monier was holding Rosenbloom between him and deputies, but he never removed his gun from his waistband or threatened anyone, according to the order.

A fifth deputy, Joshua Hendershott, was able to de-escalate the situation, but had to exit the room to calm his K-9, according to court documents. Before leaving the room, he reportedly told the other deputies to withdraw and not to fire their guns. During this time, Monier "never by word issued a verbal threat" to shoot anyone, and instead "specifically told deputies he did not want to hurt anyone."

According to the order, the Sheriff's Office's counsel argued that "Even though Monier was not fleeing or attempting to escape, and despite the fact that the deputies never even saw a gun, defendants allege that Monier's actions of possessing a firearm, refusing to follow lawful orders and holding a person as a human shield were 'an inherent and continuous deadly threat until they cease.'"

Smoak's order stated, "Approximately 20 minutes after Rosenbloom called 911, Cassady fired a shot at Monier's head as Monier briefly looked out from behind (Rosenbloom), but missed and struck (Rosenbloom's) neck instead...Cassady then advanced toward (Rosenbloom) and Monier and continued firing. After Cassady had fired at least three shots, Monier removed his gun from his waistband and returned fire."

According to the order, Monier entered a bathroom and went behind a wall while still holding Rosenbloom and "Even though no one could see Monier and/or (Rosenbloom) behind the bathroom walls, and even though they knew that (Rosenbloom) was still being held as a shield in front of Monier, defendant deputies fired about 10 shots indiscriminately though the walls."

The deputies reportedly testified they "did not want to shoot (Rosenbloom) in a manner that would kill her," but knew their actions could injure her.

Rosenbloom was ultimately shot a total of five times in the neck, legs and knee. Cassady, Parker and Brown were also injured in the exchange of gunfire, with Cassady suffering injuries severe enough to force his medical retirement, according to the Sheriff's Office.

Monier was not shot.

Hendershott returned to the bedroom and ordered the group to hold their fire, and a SWAT team and negotiator were contacted. Monier surrendered less than 10 minutes after negotiations began. He was eventually convicted of multiple counts of attempted murder and sentenced to life imprisonment. He has a pending motion requesting his conviction and sentence be vacated.

In 2013, Smoak ruled that Cassady, Parker, Brown and Peterson would not be held personally liable for Rosenbloom's injuries citing qualified immunity, a defense that protects government officials from liability for civil damages provided their conduct does not violate clearly established constitutional rights.

Smoak ruled that qualified immunity did not extend to Morgan in his capacity as sheriff, and the suit against him was allowed to continue.

The Florida Department of Law Enforcement and the State Attorney's Office had determined in previous investigations that the deputies were justified in the shooting.