Vacationing Ohio family arrested by deputies refile suit against Collier sheriff

Four plaintiffs allege in a lawsuit refiled in late March that a sheriff's deputy used unnecessary force and illegally entered a condominium after responding to a noise complaint. The plaintiffs' lawyer, Colleen McAlister of Naples, said the lawsuit was dropped in February 2010 so new evidence — medical records related to surgeries needed by a plaintiff after her arrest — could be added into evidence. Collection of evidence had been closed before the surgeries.

"Although we typically do not comment on cases in litigation, our judicial system, including civil courts, reviews and weighs evidence and facts to reach decisions," Sheriff's Office legal counsel Capt. Michael Hedberg said in a statement. "We trust in this system to make a fair determination in all court proceedings."

— A vacationing family and friend jailed by Collier County sheriff's deputies have refiled a wrongful arrest and excessive force lawsuit in federal court, more than two years after they voluntarily dropped the case.

Four plaintiffs allege in a lawsuit refiled in late March that a sheriff's deputy used unnecessary force and illegally entered a condominium after responding to a noise complaint. The plaintiffs' lawyer, Colleen McAlister of Naples, said the lawsuit was dropped in February 2010 so new evidence — medical records related to surgeries needed by a plaintiff after her arrest — could be added into evidence. Collection of evidence had been closed before the surgeries.

Tracy Barry; her sister, Sarah; their father, Denver; and a friend, Jamie Lee Oliver, argue their rights were violated in March 2008 when Deputy Juan Manuel Muñiz arrested them following a struggle. The Barrys were visiting from Ohio, and no address was given for Oliver.

Muñiz was called to a Tarpon Bay condominium about a noise complaint at about 4:30 a.m., when he later suspected Tracy Barry, then 25, was a minor in possession of alcohol.

The plaintiffs allege Muñiz asked Tracy Barry to step outside, and when she refused, Muñiz "grabbed her arm, pushed her door open, and entered her residence, swearing at Tracy."

In an arrest report, Muñiz wrote that Tracy Barry initially became confrontational, refusing to obey commands. Muñiz said that when he touched Tracy Barry's left arm, she pushed his chest with both hands and cursed.

Both sides agree that a scuffle ensued, with Muñiz taking down Tracy Barry and trying to arrest her.

Muñiz said Tracy Barry then grabbed his radio and continued to hit him, leading to the use of pepper spray when she refused to stop resisting. Muñiz also said Tracy Barry tried running upstairs in the apartment and spat on him after she was pepper sprayed.

Tracy Barry's lawyer says in a complaint that her client's resistance was "in self-defense against a warrantless entry into her home, and the unreasonable and excessive force used by Muñiz to detain her."

Sarah Barry also was arrested following a verbal argument with Muñiz.

In his report, Muñiz wrote that Sarah Barry "became more abusive toward me and started pushing me repeatedly" before cursing at him.

The complaint states Sarah Barry "observed Muñiz pepper spray Tracy and then start to drag her down the stairs," which led Sarah Barry to scream at Muñiz. Sarah Barry alleges she was falsely arrested without probable cause or a warrant.

Once Tracy Barry was placed in handcuffs, her father, Denver, became involved. Muñiz said Denver Barry stood in a doorway and put his hand on him, preventing Tracy Barry from being walked out of the apartment. He was arrested, accused of battery on a law enforcement officer and obstruction.

The complaint says Denver Barry never touched Muñiz, and that he was "grabbed, thrown against the trunk of a car by another deputy, and handcuffed" at Muñiz's direction.

The last arrest was of Oliver, who Muñiz said refused to let go of Tracy Barry when deputies tried to escort her out of the condominium.

The complaint states Oliver locked the condominium's door once Tracy and Sarah Barry were arrested. With the help of another Barry sister, Muñiz then entered the residence "without consent, a warrant or exigent circumstances" and arrested Oliver, the complaint said.

Prosecutors never filed formal charges against the Barrys or Oliver, and the four made a complaint to the Sheriff's Office.

An internal investigation found Muñiz took "reasonable actions" to arrest Tracy Barry because of her "aggressive behavior and violent response" to Muñiz. However, three deputies received a letter of counseling about entering a home and making an arrest "that was not in accordance with established legal guidelines."

Since the complaint was filed in 2008, the Sheriff's Office has disputed the allegations in court.

"Although we typically do not comment on cases in litigation, our judicial system, including civil courts, reviews and weighs evidence and facts to reach decisions," Sheriff's Office legal counsel Capt. Michael Hedberg said in a statement. "We trust in this system to make a fair determination in all court proceedings."

© 2012 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 59

profiler writes:

(This comment was removed by the site staff.)

profiler writes:

(This comment was removed by the site staff.)

TiredoftheBS writes:

Ohhh, I'm sure that the Barry's and Oliver were just model citizens, just minding their own business completely cooperating with law enforcement!

NOT! Typical baiting if you ask me!

Beachglow writes:

in response to profiler:

(This comment was removed by the site staff.)

Been arrested? You seem to have a chip on your shoulder.

Beachglow writes:

in response to profiler:

(This comment was removed by the site staff.)

At 4:30 in the morning after being up all night trying to protect the citizens of this county, such as yourself, why should they be treated so disrespectfully by drunk trailer park trash?

Beachglow writes:

There must be an awful lot of ex-prisoners in this area. They all come out of the woodwork when a policeman or any officer does his job, and they comment on newspaper blogs, ignorant comments I might add.

Sick writes:

I would be mad to if I had to work and find out that there are people with enough money to party til 4 a.m.

Can you believe that? Enough money to vacation in Naples and party to 4 a.m.

The North will win again.

Chester writes:

in response to Beachglow:

There must be an awful lot of ex-prisoners in this area. They all come out of the woodwork when a policeman or any officer does his job, and they comment on newspaper blogs, ignorant comments I might add.

I agree. When did they allow inmates to have internet access? Rambosk is getting soft!

llllll writes:

in response to Beachglow:

There must be an awful lot of ex-prisoners in this area. They all come out of the woodwork when a policeman or any officer does his job, and they comment on newspaper blogs, ignorant comments I might add.

"Occupiers"

hadenuf writes:

Muñiz was called to a Tarpon Bay condominium about a noise complaint at about 4:30 a.m., when he later suspected Tracy Barry, then 25, was a minor in possession of alcohol. 25 is an underage drinker?

Hollywoody writes:

Anybody up parrying at 4:30 am is messed up and needs to move to ft misery...

profiler writes:

$1000 says this cop will lie lie lie to promote and protect his other lies..

Dilbert writes:

in response to profiler:

$1000 says this cop will lie lie lie to promote and protect his other lies..

I wouldn't take that bet.....

wentfishn writes:

in response to Beachglow:

There must be an awful lot of ex-prisoners in this area. They all come out of the woodwork when a policeman or any officer does his job, and they comment on newspaper blogs, ignorant comments I might add.

Cops here are 40 yrs behind the times regarding search and seisure etc.Soverien domain {?} they do what they want.

cons3rvative writes:

typical lying by cops to cover their 'jack booted thug' behavior

SuziQ writes:

"when he later suspected Tracy Barry, then 25, was a minor in possession of alcohol." Muñiz asked Tracy Barry to step outside, and when she refused, Muñiz "grabbed her arm, pushed her door open, and entered her residence, swearing at Tracy."
Why did he want her outside?? I think to arrest her for being drunk and by getting her outside he could arrest her somehow, but being drunk in your own residence is not against the law and I would not have gone outside either! Then he entered the residence--FIRST MISTAKE! I feel the Sherif Office is at fault!!

Klaatu writes:

Ahhh FEDERAL COURT no Good ol Boy's there !

voltihs writes:

4:30 am. Alcohol and drunks.

It says it all

samsam writes:

in response to profiler:

(This comment was removed by the site staff.)

YOU ARE ONE BIG A-HOLE!

streetrodder writes:

Come on vacation go home on probation....

unfatcat writes:

Noise complaint is not a warrant-oriented process.

Lesson to be learned: Once you lay a hand on an officer of the law, you lost.

Here4Now writes:

in response to profiler:

(This comment was removed by the site staff.)

Sounds more like a case of noisy, drunk, angry white Ohio trash to me. Hope the CCSO wins this one. I think the deputy used considerable restraint.

Sick writes:

Ohioan's have paid for alot of things in this county. I think they should take that into consideration.

Hey lets face it without those Northerner's this place would still be a fishing village.

Even the rednecks here can't do without the northern technology out of Detroit. Ie: Lifted F350 Powerstroke.

And they play that song "a country boy can survive" while sitting at a light in a 100% pure northern built truck. Talk about ironic.

The best one is the rebel flag flying off the back of a Chevy truck that was built in Michigan.

LOL

dwyerj1 writes:

The "rights" of residents _vs._ the rights of visitors.

We gotta be nicer to them if we want them to keep coming and spending their money here. Without them, what's our source of income?

There's an old rule (not too hard to find) that says foreigners from a foreign land should be treated with dignity and respect.

Even our gendarmes have historically been deferential. Think of the "St. Louis rolling stop" granting only a second glance at violators of the "complete stop" law. Hating snow birds should not be so universally popular. Being too rigid is bad manners.

PeopleSpeak writes:

There is a choice!

Vote out the incumbents; Vote ORTINO and shake up the CCSO! Just think of the taxpayer dollars we pay to defend all of the lawsuits against the iron fisted thugs. It's

Vote Ortino!

goodlander10 writes:

I was involved in one of these with the naples police dept ,and can assure you they made up a story to protect each other and I am sure that will be the same with the county

flvsmom writes:

in response to streetrodder:

Come on vacation go home on probation....

That comment appears on a number of vacation and travel websites regarding Collier County and the Naples area.

How many of these lawsuits from vacationers have there been now?

This situation could have easily been diffused. It demonstates - yet again - a lack of training and expertise in the CCSO.

crayola writes:

Not a single fact stated in this article warrants the arrest of these people or the entrance of this officer into a private residence. Watch, this will be settled out of court for an unnecessary expense to the citizens of Collier county. This sort of illegal behavior by the CCSO happens far too often. The sheriff's office should not tolerate this kind of wild west behavior by its officers. It poses a threat to every law abiding citizen in the county.

ltlnsx writes:

in response to Here4Now:

Sounds more like a case of noisy, drunk, angry white Ohio trash to me. Hope the CCSO wins this one. I think the deputy used considerable restraint.

My thoughts exactly.

Banker26 writes:

Anyone who used to respect the police but now thinks they're a bunch of lying thugs, please raise your hands. Wow, that's a lot of hands.

wonderful (Inactive) writes:

in response to Here4Now:

Sounds more like a case of noisy, drunk, angry white Ohio trash to me. Hope the CCSO wins this one. I think the deputy used considerable restraint.

I'm thinking that "Yes, Sir! No Ma'am!" always worked for me, if I ever put myself in that situation.

Police officers are people, too!

On the other hand, just think of the vacation stories they have to tell with pictures, eh?

TiredoftheBS writes:

in response to Banker26:

Anyone who used to respect the police but now thinks they're a bunch of lying thugs, please raise your hands. Wow, that's a lot of hands.

Amazing what you see while you're stoned!

dwyerj1 writes:

Hating snow birds should not be so universally popular. Being too rigid is bad manners.

Public servants should always be polite, first.

wrightconnection writes:

in response to Sick:

Ohioan's have paid for alot of things in this county. I think they should take that into consideration.

Hey lets face it without those Northerner's this place would still be a fishing village.

Even the rednecks here can't do without the northern technology out of Detroit. Ie: Lifted F350 Powerstroke.

And they play that song "a country boy can survive" while sitting at a light in a 100% pure northern built truck. Talk about ironic.

The best one is the rebel flag flying off the back of a Chevy truck that was built in Michigan.

LOL

You are such an idiot! What does "Ohioan's have paid for a lot of things in this country", even mean? So the CCSO should take that into consideration? So I guess in your opinion, Chevy trucks should only be sold and driven in Michigan? Even if what you say were true, what's wrong with this place being a fishing village? I'de be just fine with that. It's better than what it's turned into. One last thing, just so you know, Michigan is part of the United States of America, just like Florida is. It's the same country. Some states are better suited for industry, some for agriculture, some for tourism, etc. I hope the people of Michigan don't choke on the stone crabs they eat that come from Florida. IDIOT.

Patton writes:

in response to captainjax:

(This comment was removed by the site staff.)

I agree that the deputy was out of line, but his race had nothing to do with it. Plenty of Caucasian officers have been guilty of the same thing. The dry cleaner called and your sheets are ready.

John_Galt writes:

Sounds more like the KGB or GESTAPO.

Cops should be required to read the US Constitution. It's written plainly enough that ANY American should be able to read and comprehend it. They swear an oath to defend it, shouldn't they at least have to read it first?

KennyR (Inactive) writes:

in response to Sick:

Ohioan's have paid for alot of things in this county. I think they should take that into consideration.

Hey lets face it without those Northerner's this place would still be a fishing village.

Even the rednecks here can't do without the northern technology out of Detroit. Ie: Lifted F350 Powerstroke.

And they play that song "a country boy can survive" while sitting at a light in a 100% pure northern built truck. Talk about ironic.

The best one is the rebel flag flying off the back of a Chevy truck that was built in Michigan.

LOL

I prefer to drive union-free American made trucks, I own a Toyota Tundra.

Sick writes:

in response to wrightconnection:

You are such an idiot! What does "Ohioan's have paid for a lot of things in this country", even mean? So the CCSO should take that into consideration? So I guess in your opinion, Chevy trucks should only be sold and driven in Michigan? Even if what you say were true, what's wrong with this place being a fishing village? I'de be just fine with that. It's better than what it's turned into. One last thing, just so you know, Michigan is part of the United States of America, just like Florida is. It's the same country. Some states are better suited for industry, some for agriculture, some for tourism, etc. I hope the people of Michigan don't choke on the stone crabs they eat that come from Florida. IDIOT.

See how you people have to resort to name calling?

Case and point.

Patton writes:

in response to John_Galt:

Sounds more like the KGB or GESTAPO.

Cops should be required to read the US Constitution. It's written plainly enough that ANY American should be able to read and comprehend it. They swear an oath to defend it, shouldn't they at least have to read it first?

Agreed.

Patton writes:

in response to KennyR:

I prefer to drive union-free American made trucks, I own a Toyota Tundra.

I'm sticking with Ford. The government doesn't own them.

Heraclitus writes:

Every occupation has people that should be doing something else because they don't have the temperament for their job... just read the following:

http://www.thedailybeast.com/newsweek...

The problem usually is that those people can't be weeded out for fear of them suing... usually they claim they were fired for doing their job too well... even though everyone knows they should be fired for constantly going beyond their authority. Then again, sometimes someone is just having a bad day.

Heraclitus writes:

P.S. I think that using video and audio recorders when dealing with police or witnessing police in action should not be against the law. I also think that the police should use them more... maybe mounted on their person? Opinions?

flanative writes:

in response to Heraclitus:

P.S. I think that using video and audio recorders when dealing with police or witnessing police in action should not be against the law. I also think that the police should use them more... maybe mounted on their person? Opinions?

It's against the law? What about my right to free speech? Right to face your accuser? *
They tape us with their dashcams, I should have the same rights! Are we now officially a fascist state?

* void in counties that passed red light camera ordinances.

profiler writes:

in response to John_Galt:

Sounds more like the KGB or GESTAPO.

Cops should be required to read the US Constitution. It's written plainly enough that ANY American should be able to read and comprehend it. They swear an oath to defend it, shouldn't they at least have to read it first?

This is another example of how this country has turned into a nazi police state. If you don't answer the door and police barge in can you legally shoot them if you are in fear of your life? I know I will always vote not guilty against the nazi police state no matter what the crooked judges tell me to do. FIJA.ORG.
armed revolution against this nazi police state is getting closer by the day. We have had people fly airplanes into IRS gestapo offices resulting in the death of nazi gestapo agents. This is what it will come to...the government VS the people. Remember...when you serve on a jury you can automatically vote "not guilty" and basically tell the nazi court system go to hell. And if the nazis bust into your house and you are in fear of your life and if you shoot first...ask questions later...you might find it is legal to do so.

CaptKidd writes:

They must need more money for another vacation.

Klaatu writes:

Unfit for duty !
look up you favorite dirty CCSO employee.

http://cops.htcreative.com/Find?Query...

jbm9 writes:

in response to cons3rvative:

typical lying by cops to cover their 'jack booted thug' behavior

the problem here is they don't get the proper training therefor do not understand the laws they are suppose to enforce. thats why every arrest is probable cause?

jbm9 writes:

in response to Klaatu:

Ahhh FEDERAL COURT no Good ol Boy's there !

yeah and forget f.d.l.e because they are all ex collier crooks

jbm9 writes:

in response to flanative:

It's against the law? What about my right to free speech? Right to face your accuser? *
They tape us with their dashcams, I should have the same rights! Are we now officially a fascist state?

* void in counties that passed red light camera ordinances.

found that 1) dash cam not on 2) has been in the shop for repair 4 times this year and #3) car was not in position to record . all by a deputy with 14 complaints against him. good luck!

Jarvis (Inactive) writes:

They dropped the case in 2010, so they could collect new evidence of surgeries?? Maybe they all had some miscarriages after the arrests? Where is old Melon-Head Morgan? Seems like a shady case at best.

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