We Filed a Lawsuit Today Over My Metrorail Assault Incident

We are suing 50 State Security, the company overseeing the Miami-Dade Metrorail

Eight months after I was battered and assaulted by a security guard on the Miami-Dade Metrorail for videotaping inside a train station, I filed a lawsuit seeking damages.

The suit was filed today at the Miami-Dade Courthouse by my attorney Michael Pancier, who also happens to be a talented nature photographer.

He advised me not to comment on the suit because it is pretty much self-explanatory.

Besides, not only was the incident captured by HD Net on video, I’ve said all I’ve had to say on the matter in previous articles.

We are also seeking other photographers who have been harassed by 50 State security on the Metrorail because it's an ongoing issue that has yet to be resolved.

If you have been harassed, threatened or intimidated by 50 State for taking photos or video on or near the Metrorail, send me an email to carlosmiller at magiccitymedia dot com (written that way to prevent the spambots from spamming me).

 

Carlos Miller's lawsuit against 50 State Security

Comments

Give em hell Carlos

Ka-Ching baby, yeah! ;^)

Slam dunk

hit em where it hurts Carlos. In their pocketbook. Oh, by the way, start looking out for a really expensive video camera that you can afford when they pay up!!!!

I just read your lawsuit and would like to humbly retract my previous statement.

Start looking for two really, really, really expensive video cameras!

Right on Carlos. Keep up the good work.

joe

Yeah Carlos,
Now while you have the lawyer sue the guards individually for
harassment and intimadation,assualt. Then the other gaurds will learn they to are subjuct to lawsuits as private citizens and not protected by corperate lawyers makes them pay for their on legal fees and damages for violating your rights. Then we can see some major changes begin to take place.

Good for you and all other photographers that are harassed everywhere. It takes courage and a financial commitment to launch a law suit, thanks for doing this.

HERE WE GO! Keep up the good work Carlos! I look forward to the ultimate resolution of this!

Just viewed the video for the first time, first impressions: The security guards are poorly trained, possibly poorly vetted before being hired and probably managed negligently by management.

I was appalled when I saw the rotund male security guard knock the camera out of your hand, and then start to go for his gun.

This is NOT a homeland security issue, and these are NOT people who have been adequately vetted and trained to use force, let alone interact with the public, nor do they have the authority to assault you or anyone else.

The security company and their staff should all be sanctioned, big time.

I've seen the video before, but honestly, I had missed the part where the guard goes to draw his sidearm, then apparently reconsiders.

My take on it, is that the guard was ready to take down the "perp" if Carlos resisted in any way, and that takedown would have consisted of drawing his sidearm and emptying the magazine into Carlos. The fact the guard was wholly in the wrong, and would have been in no physical danger had he not committed assault & battery, would not have stopped him from using deadly force against an innocent person.

That guard needs to be unemployed FAST. I'd suggest a psych evaluation too!

hal

Guns? they had guns, anyone that does that to another human should never be able to legally to own a gun, let alone have one for use while working!

now I have to reconsider if I want to even attempt to confront those bastards, they are crazy. One of them would lay one hand on me and I would lose it, they would be on the deck so fast.
no one has a right to put a hand on anyone without a damn good lawful reason, that is assault! That was the first time i viewed that video, and the SO's at that station couldnt keep their hands off of Carlos, WTH? they had a hard-on for you Carlos!!


just with that video, they would and should lose their SO's license. That is some nasty stuff, and they cant defend it!

Should be a slam dunk. It will be interesting to see how they respond.

I wonder if the guard chiming in on the "Once again..." post will have any effect, either way.

Obviously you cannot provide commentary, but in light of your post, would you at least be willing to post a copy of all the public record information since as a copy of the lawsuit itself, motions, and any responses?
I'm very interested in seeing how the process develops and feel that a lot of other photographers can certainly learn what transpires.
Not asking for any transcripts to private depositions or things like that, just what is public record and what someone would be able to see and read if they went to the courthouse themselves and took a look at the file in the office of the clerk of court. Not many of us can easily make the trip to Miami, but you of course would have records of everything.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

Most definitely. Did you see that actual lawsuit? Here's the link.

http://www.scribd.com/doc/51724805/Carlos-Miller-s-lawsuit-against-50-St...

I did sir, and applaud your actions. I'm very interested in the eventual reply from the defendants. It is often important to know what their typical 'defense' excuses may be to be sure those kind of aspects are known before potential conflicts. I hope the transcripts of any depositions are entered into public record as I'd love to hear the direct questioning of the 'guards' while under oath, especially how swatting and stealing the camera was considered to be an appropriate response. Copies of e-mails in their system that mention your name or the word 'photography' will be interesting. That and see how many times the URL of your posted videos or site are mentioned internally.

Way to go Carlos! Good work.

I would have also named the guard with the beret individually as well. While he may not have much money to go after, at least you will likely get a judgement against him with will show up on his public records. Why the DA didn't charge him with assault/battery is beyond me.

It will be interesting to see what defense the 50 states lawyers come up with to explain away this incident, since it seems to be a pattern of practice within the company, and not an isolated incident of one "Rogue guard".

I know that many of us will be following this with much interest.

Looks good but I think you should name Miami-Dade Transit as well. Seems everything you're saying 50 States did Miami-Dade Transit did as well.

There is probably enough blame to go around and you might find an email where Miami-Dade Transit told 50 States to harass photographers. That would be priceless.

hal

Duane Kerzic:
I agree with you, there is more then enough blame to go around when something like that happens. the SO's, their Employee, MiamiDade County that had the Contract with 50-STATES! All of them are parties to this suit i would think!

i would have separated the "subject matter jurisdiction" part of the Complaint, but how it is should work fine. And Security Officers is what they are, they are not guards of any sort.

the ANSWER should be very interesting to say the least! But there at first, may not be an Answer, I would expect them to make the attempt to get this case dismissed for various reasons.


carlso: let me know if you need any suggestions, for questions, for the Interrogatory. That may be filed anytime after the Complaint was filed.

WTG Carlos. Although I think legal action should usually be the last resort, I think you came to that a long time ago.

This is the ONLY way these IDIOTS will ever learn. If the company is willing to employ them without proper training, then the company is 100% LIABLE!!!!

I hope others are paying attention. It is only a matter of time before others get sued as well!

I wish you well in your journey and look forward to hearing a positive result.

Also, I forgot to mention. I haven't read your suit, but you may also have a case against the City as well.

If the City of Miami hired 50 States to "represent" them in the area of "securing" the trains, then they, the City, should be responsible to see that 50 States provides adequate training, has policy and procedures, and they ADHERE to those policy and procedures.

If they don't, then I would think they are NEGLIGENT. Thus, they would be a viable defendant in the case.

Just food for thought.

The nerve of that guard to STEAL your camera and THREATEN you not to touch him. I would have decked him regardless of his weapon.

Give em' hell.

hal

heya ryan:
I had said it in a earlier post, it would have been very difficult if at all possible, if that SO would have laid a hand on me, to keep my hands off him! I mean with the video camera going and all, they would have caught it all. I also have a SO license and know the regs they go by! they are not allowed legally to do what that SO did putting his hands on Carlos like it shows in the video! And as far as the weapon is concerned, it would have then been a concern for me also. for like two seconds then all bets are off!
I may have said somethng like, "give me my camera back or ill take that GUN and shove it so far up ya ass, youll burp and itll come out of your mouth!" or something like that perhaps!

and heck, the least carlos perhaps should have done is call the COPS and charge that SO with thief of his CAMERA and assault....etc!!!

This should be open and shut but my biggest worry is another AMTRAK letdown, in which soon all we will hear is "No Comment" because of the non-disclosure clause of the settlement.

did you try to seek damages under their surety bond? 50 state security should have provided the county with a performance bond that their guards would perform duties as mentioned in the county contract..clearly they didn't..so you would be able to make a claim against that...

DEAR BLOGGERS AND SUPPORTERS OF CARLOS MILLER;A lot has gone on behind the scenes to set Carlos's lawsuit in a position to win without contest in court. The ex-senior guards have intelligence dossiers on all the office employees at 50 STATE SECURITY, COMPLAINTS BY FORMER ABUSED GUARDS, READY TESTIMONY AS TO THIS OFFICE'S NON-COMMUNICATION AND DOUBLE-TALK ON OTHER POSTS WITHIN THE COMPANY-PLUS THE FINANCIAL RECORDS STATING THAT THEY HAVE NEITHER THE SUPPORTIVE MANPOWER DRAW, NOR ABILITY TO MAINTAIN THEIR METRO-RAIL CONTRACT. THEY ARE BANKRUPT-AND SELLING OFF EVERYTHING THEY OWN-LIKE A CHINESE FIRE-SALE. THEY DITCHED THEIR OWNED OFFICE, AND COULD NOT EVEN AFFORD THE RENT FROM THE NEW OWNERS. IT'S GONNA BE SWEET IF THEY TRY TO CONTEST THIS LAWSUIT-THEIR ENEMIES WILL SHOW UP AND ROCK THE COURTROOM. THEY'D BETTER HAVE DAMNED GOOD LAWYERS-BECAUSE A LOT OF PEOPLE HATE OUTSOURCED SECURITY IN THIS TOWN! (THE SENIOR GUARDS WHO HATE--)

CARLOS HAS POWERFUL FRIENDS IN LOW PLACES-AND THAT -MAKES A BALL GAME!--

the public no longer can count on help--from where-Governor Rick Scott (A WASTE OF HUMAN FLESH); PRESIDENT OBAMA (NOTICE HE WANTS PLEDGES OF GREAT MONEY-NO OFFERS OF JOBS FOR THE NEEDY-ANOTHER WASTE OF FLESH)??!! AND NOW-MILLION DOLLAR BASKETBALL PLAYERS WHO TOUT THEMSELVES AS "THREE KINGS" (AND CHOKE AND LOSE-AND EVENTUALLY END UP WITH DUI'S IN JAIL-ALL ALIKE!)-WASTE-WASTE-AND NO CIVIC-MINDEDNESS---TAKE-TAKE-TAKE-TAKE!

SCREEEEEEEEEEEEEEWWWWWWWWWW THEEEEEEEEEEEEEEMMMMMMMMMM ALLLLLLLLLLL-THEY HAVE DONE IT TO SOOOOOO MANY OTHERS!

hal

i know!!! lets have a metro-snail photography party, ride from downtown to dadeland and back or something. how about it, now would be a great time.

with all the former screwed-over 50 state guards in their raggedy uniforms-then toss their old badges at the end of the ride-yippe-ki-yoooooooo!

I hope you take them for all your worth.Me friend whowas a hard working guard for them for over 7 years was terminated on a b.s. excuse.My friend had to go up north to take care of family business and had never taken a vacation because they would never let him.Well as of today as he returned to duty this shitty ass security company terminated him on some bullshit excuse.Sorry to digress but point being this company sucks and I hope you bankrupt them for good.

Post new comment

Pixiq on Facebook

Join the 10137 Pixiq fans on Facebook

Share

  • Share

Subscribe

Get weekly updates from Pixiq. Short, sweet, and always interesting.