Last modified 7/18/2008 - 2:02 am
Originally created 071908
Atlantic Beach let him go after finding he used excessive force in 2004.
By DREW DIXON, Shorelines
ATLANTIC BEACH - A Florida appeals court has ruled a man fired from the city's police department three years ago on charges of using excessive force while arresting a juvenile should to be reinstated to his job as an officer.
The Florida First District Court of Appeal ruled Tuesday that Victor Raynor should be returned to his position as an officer on the force. The appellate ruling upholds the original arbitrator's ruling that said Raynor used excessive force but should not have been fired. A Circuit Court decision overruled the arbitrator, in favor of the city, leading to Raynor's challenge in appeals court.
"He's been out of work for three years as a police officer," said Raynor's attorney, Tad Delegal. "He thought he won ... and it's taken two additional years to have that arbitrator's award reinstated."
Part of the ruling states Raynor should not only be reinstated, but should be compensated for all of his lost salary since he was fired from the department in 2005. He was making about $41,200 a year at that time. Any back pay award would subtract income Raynor earned in other employment since his termination.
The case stems from Raynor's conduct during an arrest of a 17-year-old boy on Oct. 23, 2004, on charges of leaving the scene of a crash with property damage, careless driving and not having a driver's license.
Sgt. Jimmy Hundley, one of two backup officers called to the scene, said he saw Raynor grab the teen by the throat, pull him from the car to the ground while the teen was handcuffed and choke the teen on the ground. The teen gave investigators the same account of the events.
Police Chief David Thompson recommended firing Raynor based on accounts from Hundley and other witnesses. City Manager Jim Hanson upheld the chief's recommendation and fired Raynor.
Hanson said Wednesday he was "disappointed" by the appeals court ruling and he acknowledged he's not sure what the city's next legal move will be. The city has until the end of the month to respond to the ruling and seek another court hearing.
But Hanson said Raynor had a history of disciplinary problems prior to the 2004 incident and the city remains confident in its decision to terminate him.
Raynor was investigated several times during his 16-year career with the department. In 1998, he was given verbal counseling for improper case investigation. In 2003, he was reprimanded for misappropriating and destroying property.
"In this case, most of the witness testimony is very similar," Hanson said. "He had a history with the city with other disciplinary action before that. It's not overly complicated."
Hanson said the city wants to uphold the integrity of the police department; that's why Raynor was fired.
Raynor said his extensive involvement in the Fraternal Order of Police and activities for the union helped lead to his termination; the FOP was a co-plaintiff in the lawsuit contesting the city's decision to fire him.
In 2004, before the October arrest, Raynor filed a federal lawsuit against the city, saying the city denied him promotions and other opportunities for advancement because of his involvement in the police union.
Delagal Raynor simply wants his job back after nearly a career-wrecking ordeal.
Drew Dixon can also be reached at (904) 249-4947, ext. 6313.
