Fort Myers Shores family sues 2 Lee County Deputies over excessive force

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LEE COUNTY, Fla.- A Fort Myers Shores family is suing the Lee County Sheriff’s Office.

Dennis Daley says deputies used excessive force on him in September 2014, and he’s been dealing with physical and emotional pain as a result.

But the Lee County Sheriff’s Office paints a far different picture, one of protecting the public.

“I’m looking for justice because, I don’t want anybody else to go through what I did,” said Daley.

He says he wants the men, that allegedly beat him, off the streets.

“If the sheriff’s office cannot get him off the street, hopefully my lawyer can,” said Daley.

Daley officially filed a lawsuit Tuesday, suing deputies Michael Dzubia and Kenneth Sherman.
The lawsuit says the deputies maliciously beat and tasered him, while he was unable to defend himself.

Home surveillance video, from the night of September 21, recorded the entire scene. That night, Daley’s wife called 911.

She told deputies her husband had been drinking, they argued, and he drove off.

“I specifically stated on the call, I wanted them to help him. I was scared for him, that he might hurt himself, or someone else,” said Karen Daley.

When he came home, deputies were there. Daley was tased twice, punched repeatedly, and eventually was treated for multiple face fractures.

WINK News spoke to Sheriff Mike Scott when the video first came out.

“You look at the video, you will see Mr. Daley reaching out, grabbing the legs of the deputy before they even get to the ground,” said Scott.

He says the deputies were just protecting Daley’s wife from her unruly husband, after she called for help.

“I understand the deputies, during a situation like this, they want to protect the victim. I in no way said I was a victim, and I’m not a victim. I never was,” said Karen Daley.

The Lee County Sheriff’s Office launched an internal investigation.

Daley’s attorney says they had six months to complete it under law.

When we asked for an investigation status, the sheriff’s office said they did not have that for us at press time. As for the lawsuit, the sheriff’s office says they do not comment on pending litigation.

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