Three Key West Police officers—Lt. Al Flowers and Officer Robert Winterbottom and J.R. Torres—will go on trial August 28 on charges of assault and battery and civil rights violations. On July 28, Federal Judge James Lawrence King denied a motion by the officers to dismiss the case.
Last October, Gregory Impeciati, 43, filed a lawsuit in U.S. District Court, alleging that, after he was arrested on disorderly conduct charges in April 1997, Winterbottom, Flowers and Torres beat him into unconsciousness and transported him to jail while he was "hogtied" in the back of a police van. Because of his injuries, corrections officers at the jail refused to accept him until he received "medical clearance" from the hospital.
Once in jail, however, Impeciati said a hood was placed over his head and the beating continued. He said he was thrown into a hot shower while handcuffed and that corrections officers pushed his face into the ceramic floor with enough force to cause the loss of two teeth.
As a result, Corrections Officer Tammy Clark, Gregory McNally and Christian Gregory Green are also named in the suit and will go on trial with Flowers, Winterbottom and Torres.
In their depositions, the officers say they simply used necessary force to subdue a resisting arrestee. Internal affairs investigations by both the Key West Police Dept. and the Sheriff's Dept. cleared all of the officers.
However, in denying the officers' motion to dismiss the charges against them, Judge King said that the dispute concerning the facts of the case should be determined by a jury.
The City of Key West is also a defendant in the suit. Impeciati alleges that "it is an accepted policy of the City to authorize its police officers to use excessive force against citizens, particularly gay men.
"Both Flowers and Winterbottom have been the subject of numerous citizen complaints," Impeciati said. "But these complaints have been routinely ignored by the Chief of Police and the City.
"I understand Winterbottom has been arrested for drunk driving and that Flowers has broken the nose of at least one suspect. But they never seem to have to face any disciplinary action."
On Wednesday afternoon, Judge King will consider a motion by attorneys for the City to drop the City as a defendant in this case.
On April 19, 1997, Impeciati was on Duval Street in front of Bourbon Street Bar watching Officer Winterbot-tom ticket an illegally parked motorcycle.
"It was late and that motorcycle wasn't bothering anybody and I told Winterbottom that," Impeciati said. "I was standing in the street with the officer, just off the sidewalk. He told me to get back on the sidewalk and I did.
"When I stepped into the street again, Winterbottom threatened to arrest me."
By this time, according to court documents, a crowd was gathering and Winterbottom got into his police car to leave the scene.
"As he was driving away, I shouted to him, suggesting that he should have sexual intercourse with himself," Impeciati said. "My right of free speech is protected by the U.S. Constitution. But Winterbottom stopped his car and told me I was under arrest.
"I was charged with disorderly conduct and resisting arrest with violence—which is a felony. That was later reduced to a misdemeanor and I served six months probation and performed 50 hours of community service.
Miami Attorney Cornelius Shiver is representing Impeciati.