Federal judge grants partial summary judgment in favor of Derrick Price in the Marion Oaks 5 case

A federal judge has granted partial summary judgment in favor of the man who was beaten by Marion County Sheriff's deputies in 2014 during an arrest in Marion Oaks.

Gainesville lawyer Robert Rush, who represents Derrick Price in his civil rights lawsuit, told the Star-Banner that orders like this are rare, and the next step is a trial slated for January in Ocala.

In the 21-page order, which he handed down this week, U.S. District Judge James S. Moody Jr. ruled that Price "is entitled to partial summary judgment on liability against each of the defendants." Continuing, the judge said "the deputy defendants' testimony establish a practice or custom under then-Sheriff (Chris) Blair that led to the use of excessive force against Price."

Moody wrote that "a jury must decide whether the deputy defendants' actions were taken under color of law and were in bad faith, malicious, or in wanton and willful disregard of Price's safety so either they or the MCSO can be held liable for the batteries inflicted upon Price."

The now-former deputies being sued are Trevor Fitzgerald, Cody Hoppel, James Amidei and Adam Crawford. All four pleaded guilty in federal criminal court to violating Price's civil rights. Sheriff Billy Woods also is being sued in his capacity as the current sheriff.

Not named as a defendant in the lawsuit is Jesse Terrell, the fifth deputy involved in Price's arrest. He pleaded not guilty and was acquitted of criminal charges in both federal and state trials.

"This (civil) case really shows the strength of having an independent judiciary and a Constitution that allows you to sue your government for redress of injuries," Rush said.

The case began when an unarmed Price ran from drug agents and the sheriff’s SWAT team, who were trying to serve a warrant for his arrest for drug trafficking. Price was beaten by deputies in a special unit while he was peacefully surrendering in a parking lot.



The incident, captured on surveillance video, showed three deputies kicking, punching and kneeing Price while a fourth sat on his legs and a fifth stood by watching.



The deputies were suspended by then-Sheriff Blair after Blair saw the video.



In his order, Moody wrote that, under Blair's leadership, "the atmosphere at MCSO not only condoned but encouraged use of excessive force like that used on Price."

Blair told the Star-Banner: "Tthe video concerning the incident that occurred in Marion Oaks was discovered and obtained by our agency during a follow up investigation and it was brought to me for my review. I immediately terminated all the deputies involved without pay. During my entire 38-year law enforcement career, I've never encouraged or tolerated any unlawful use of force on any individual."

Woods declined comment on the judge's order.

Contact Austin L. Miller at 867-4118, austin.miller@starbanner.com or @almillerosb