Tanner's daughter sues over arrests

Tanner's daughter sues over arrests



By RICHARD PRIOR
richard.prior@staugustine.com
Publication Date: 03/12/09


An ex-police officer who was acquitted last spring on criminal charges over his arrests of former State Attorney John Tanner's daughter has been named in a civil suit arising out of those arrests.

Nathaniel David Juratovac, who now runs a commercial cleaning service in St. Augustine, is being sued for allegedly violating Lisa Tanner's constitutional rights.

Also named in the suit are Flagler County Sheriff Donald Fleming; former Flagler County jail administrator Daniel Nagy; corrections deputies Betty LaVictoire, Brian Pasquariello, Glenn Davis Jr., Charles Alfano, Anthony Marino and Louis Miceli; Flagler County; and the City of Flagler Beach.

"I would have thought my criminal case and my acquittal were humiliating enough for the Tanner family," said Juratovac. "It's like they don't want to believe people are being untruthful."

The federal suit, filed by the Jacksonville law firm of Sheppard, White, Thomas & Kachergus, asks for punitive and compensatory damages.

Attorney William J. Sheppard said he doesn't comment on pending suits.

"We look forward to proceeding with this matter," he said.

Fleming's office also declined to comment.

"We're aware of the suit, but we have no comment at this time," said Public Information Officer Debra Johnson.

The defendants have 20 days to respond with an answer or a motion to dismiss the suit. The federal court will then enter a scheduling order.

Cases such as this one typically take 12 to 18 months to be resolved.

Juratovac, a former officer with the Flagler Beach Police Department, said he does not yet have a lawyer.

An attorney will be appointed by his union - which did have a brief comment about the suit.

"It is a shame that Miss Tanner has still yet to accept responsibility for her own actions and has now resorted to filing frivolous civil lawsuits against everyone under the sun," said Vince Champion, president of the Coastal Florida Police Benevolent Association. "The Coastal Florida PBA proudly stands by the professional men and women who have been wrongly maligned by Miss Tanner.

"Because this is a judicial matter, I and this organization will withhold additional comment until this matter is resolved."

Juratovac arrested Lisa Tanner in March 2005 on a complaint of disorderly intoxication and resisting arrest without violence.

When Tanner became uncooperative at the jail, she was twice placed in a restraint chair. A videotape of the incident shows a female deputy pulling back on her head as Tanner strains to resist.

After his daughter's release, John Tanner began examining inmate practices at the Flagler jail and threatened to widen that probe to include all jails in St. Johns, Flagler, Putnam and Volusia counties.

The federal lawsuit filed by Sheppard claims Juratovac joined several other defendants who allegedly watched as Tanner "was ordered to subject herself to a strip search ... and (take) a shower."

"I wasn't even there," Juratovac said Wednesday. "I took her to the jail; I was there when they first placed her in the restraint chair.

"But as soon as the guy at the jail signed off on my paperwork, I got out. I had no reason to be there."

LaVictoire was charged with false imprisonment, culpable negligence and battery because of that incident. Pasquariello was charged with false imprisonment and culpable negligence.

Their trials had been scheduled to start April 13. They may be continued till the July trial term.

Juratovac also arrested Tanner in November 2005 and charged her with battery on a law enforcement officer, resisting arrest with violence and obstruction of justice.

At that time, Juratovac also arrested Tanner's friend, Michael Matthew McGuirk. The officer charged him with aggravated assault on a law enforcement officer for trying to run him down with a Ford Explorer in a Flagler Beach neighborhood.

Juratovac was charged in November 2006 with falsifying police reports and felony perjury in that incident.

The prosecution alleged that he lied at McGuirk's violation of probation hearing.

Circuit Judge James R. Clayton issued a directed verdict of acquittal on May 22 after a three-day trial in DeLand.

"There is already plenty of information in the public record that refutes the allegations in this civil suit," Juratovac said. "It's all there.

"Like I said in my criminal case, the truth will come out in the end."


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