On Thanksgiving morning, November 28, 2013, retired 61-year-old Michigan resident Charles Eimers encountered Key West Police officers following a slow-speed police pursuit that began with a traffic stop and ended at Southernmost Beach in Key West.
Mr. Eimers calmly exited his vehicle and walked several steps toward the rear, where officers instructed him to get on the ground. He immediately complied, dropping first to his knees and then onto his stomach in complete surrender.
Mr. Eimers was unarmed. According to the case brought on behalf of his family, he had not threatened, screamed at, cursed, assaulted, or battered any of the officers. Two officers approached with their service weapons drawn, while another approached carrying an AR-15 rifle.
Within moments, at least seven officers surrounded Mr. Eimers. He was handcuffed and restrained as officers applied pressure to his body. Mr. Eimers had a compromised heart, and during the encounter, his face was pressed into the soft sand. He struggled to breathe, became unconscious, and ultimately stopped breathing. His heart failed, and he died while officers still surrounded him.
Mr. Eimers left behind four adult children.
Challenging the Officers’ Account
The officers denied using unreasonable force during Mr. Eimers’ arrest. They denied that his face had been pressed into the sand in a manner that could have caused him to stop breathing or contributed to his heart stopping. They also denied that a Taser had been discharged onto Mr. Eimers’ body.
BRILL & RINALDI, The Law Firm, together with co-counsel Horan & Horan, Lewis Legal, and The McKee Law Group, brought suit against the City of Key West and the officers involved in the arrest, alleging violations of Mr. Eimers’ civil rights.
The attorneys conducted an extensive investigation into what occurred on Southernmost Beach. Among the evidence they uncovered was video footage recorded by a tourist who was later located in South America.
The video provided critical evidence concerning the encounter. It showed Mr. Eimers handcuffed and restrained while surrounded by officers. By the end of the encounter, he was unconscious, bloodied, and had sand covering his face.
The footage became an important piece of evidence in challenging the officers’ account of what occurred during the arrest.
$900,000 Settlement
Following the investigation and litigation, the City of Key West and the officers agreed to resolve the case at mediation for $900,000, representing the limits of the available insurance coverage.
The case demonstrates the importance of a thorough and independent investigation when the circumstances surrounding an arrest are disputed. By continuing to search for evidence beyond the initial accounts of the incident, BRILL & RINALDI, The Law Firm and its co-counsel were able to locate video evidence that helped establish what happened during the final moments of Charles Eimers’ life.
One small strategic choice: I prefer “Excessive Force” over the pamphlet’s “Unreasonable Force in the Arrest” for the title. It’s more natural, immediately communicates the civil-rights subject matter, and is much stronger as the title of an individual web post.