Because they are the ones who called the COPS, when at the time there was not a need for them....

I guess so, although I would think a lawsuit against the cops directly should happen if it isn't already.

Too many thugs with badges, giving the straight ones a bad name.

It doesnt say if he has a separate lawsuit pending or already adjudicated against the cops. I'd bet he does.

I agree that both Skank of America and the police should be held liable in this case.

It doesnt say if he has a separate lawsuit pending or already adjudicated against the cops. I'd bet he does.

It'd have to be right?

I mean if he gets $3.3M from the sleezeballs who called the cops, imagine what he gets from those that actually beat him.

All of that for trying to cash a $100 check.

I wonder what they'll do to him when he takes in his 3.3M check to be cashed

He may have already reached a settlement with Aventura and Miami-Dade as to their respective police departments. That would not come into evidence, but could be an offset against this verdict.

They probably gave him a BOA debit card.

You can bet your bottom dollar that B of A isn't going to get any more of his business. B of A should be careful when they file their appeal. Another jury may even increase the damages against them.

Doesn't matter that the cops kicked this guy in the head. They'll cover their butts and lie about it. The kicking cop needs to be arrested and anyone who covers for him should be sternly punished/suspended w/o pay.

Kind of hard to lie about whatever is on the bank's security cameras. I am going to make a guess that the city's liability is limited and wouldn't have been as strong a case since they responded based on the silent alarm, BOA on the other hand was low hanging fruit. No sympathy for them.

Go figure! That's just what I expected Bank of Airholes would say.....

. . . I would think a lawsuit against the cops directly should happen if it isn't already.

Well he seemed to have a much stronger case against the bank for negligence, and I daresay B-of-A has a bit more cash to go after than the Miami-Dade PD. That's not to say that the police should not be held accountable if their alleged actions can be proven - probably just makes more sense to go after the cash first.

Oh yes, Banl of America again. What a @!$%#-hole they are.

You're all cheering that guy on for walking away with 3M of your bailout money. Smart.

So...why is the bank the one paying if the cops were the ones who roughed him up?

Lawsuit-101 teaches: Make sure you sue the one with the deepest pockets!

The guy is lucky and 3.3 million to boot.

If he had been in Arizona he would have been notch #7 in the gun of the cop that already has 6 confirmed kills on his record.

That cop should have joined the Army and send to Afghanistan, the Afghans would not have a chance with that cop around.

Give a new meaning to getting out of Dodge

Might want to remember that he is claiming to have been kicked in the head.

And when the police respond to an armed robbery, I don't imagine they are carrying flowers. Anyone who things this has a serious reality problem. My guess would be the cops show up, try to put the guy down. The guy tries to explain that there is a mistake. Gets put on the ground and possibly injured in the process.

The bank is liable because they reported a robbery suspect leaving the bank. The police show up and respond accordingly...

I can't believe some on the posts that the police should have just questioned him. Next time some guy is stomping on you, ask yourself. When the cops get here, do I want them to asked the guy what's going on, or put him on the ground, so he stops kicking you, then ask questions?

I can't believe some on the posts that the police should have just questioned him. Next time some guy is stomping on you, ask yourself. When the cops get here, do I want them to asked the guy what's going on, or put him on the ground, so he stops kicking you, then ask questions?

Huh? So the customer was stomping on someone when the cops arrived? Or was the customer kicking someone? What is your point? Why do people post comments on a story that they haven't even read? Next time 'some guy' posts - I wish they'd read their post first for general syntax before they hit the "Post Comment" button. When you cannot understand what point the poster is trying to make because of syntax errors - you're just wasting your own time and every other persons time.

Sort of like talking to yourself.

Henry - 816318: I don't understand people like you. I'll bet you thought it was ok for the cops to go into the Harvard professor's (H.L. Gates) house and arrest him for being in his own home, didn't you? Mr. Valladares did not even resemble the suspected bank robber. He was just trying to CASH A CHECK. He did nothing wrong. Nothing. Oh, except being Latino, which must be wrong in your view.

This poor guy did not get "possibly injured in the process." THE COPS KICKED HIM IN THE HEAD. Next time some guy is stomping on you??? Mr. Valladares was just standing there, trying to cash his check. Please read these articles more carefully -- and leave your bigotry somewhere else.

zz-1971295

You're all cheering that guy on for walking away with 3M of your bailout money. Smart.

So...do you expect the guy to turn down the money he won in a lawsuit against a bank that was incredibly negligent? Would you?

You're right on target about it being 3M of our bailout money, though. Actually, it's worse than that because now they're going to spend even more of our bailout money dragging the case through appeal after appeal in the hope that they won't have to take responsibility for calling the police on a man for nothing more than "Banking While Hispanic".

Ultimately, BOA won't lose the money, though. They'll just sneak some more fees in somewhere so that their customers will end up paying for all of this. And if that fails they'll just get congress to bail them out in exchange for huge contributions to their re-election campaigns.

And people wonder what the Occupy Wall Street folks are angry about...

Sorry Deborah, I support the officers in the Gates incident. Both of these scenarios should have been resolved by complying with police. The police in the Gates incident responded to a report of people in the neighborhood matching the description of Mr. Gates. When the officer asked for identification, the suspect could have cleared everything up by showing photo ID with his address on it, and it likely would have been over right there.

In this scenario, we have a bank teller who saw a hispanic male with a matching signature to a known robber and panicked. This article doesn't say whether Mr. Valladares was non-complient with officers, it only says that the officers ordered everyone down before taking him into custody. If officers ordered me to the ground, I would go immediately. Some of these "excessive force" scenarios are due to a suspect not following instructions, and putting the cop in perceived danger. If Mr. Valladares was kicked after the cuffs were on, or while he was complying, then he most certainly has a case against the police. This article doesn't provide enough information either way.

This article doesn't say whether Mr. Valladares was non-complient with officers.....

I noticed that too, D-1519975. I have to come down 50/50 if he was. Obviously, if the guy was resisting arrest, the cops will do what they need to do. As you mentioned, if he was already handcuffed when they kicked him, then that's not excusable. But in Mr. Valladares' defense, if I knew I'd done nothing wrong, (and I'm sure this whole incident came out of the blue to him) I too would protest my impending arrest for what was absolutely nothing (to him). I can see this from both sides...neither he nor the cops actually knew what was going on. The bank teller in question just said "He's a bank robber!" And he doesn't know what she's talking about, and the cops only know what the teller is telling them, and they can't take any chances. Bad situation!

I remember a long time ago when I worked 2nd shift, plus a few hours of overtime, and on my way home at 3 am, I was stopped by a cruiser for flickering brake lights. I knew what the problem was and had already bought the parts to fix them, which I showed the officer. He was good enough to let me go on my way. I hadn't gone 100 yards before he came screaming up behind me again. I thought something caught fire or something. Where he'd been nice before, this time he ordered me out of the car over his loudspeaker with my hands where he could see them, his spotlight in my face. Another cruiser screeched up on the opposite side of the road, and this cop came out with a shotgun trained on me. Now I was scared, and I had no idea what was going on. Come to find out a few scary minutes later, he had routinely run my plates before the first stop, and right after I started to drive away, it quickly came back that there was a warrant out for my arrest. None of us knew what for, but they weren't taking any chances. The dispatcher clarified it after a few minutes that it was a 'bench warrant' for an unpaid traffic ticket I'd gotten from over a year earlier. I'd actually mailed in the money to the State Police, but it wasn't credited right. Let me tell you, when they come at you with guns drawn and neither you nor they know why, it's pretty darned scary. When I was standing there with their shotguns on me, I was reliving everything bad I ever did, and every lie I ever told. LOL. It's funny now, but I sympathize with this guy. If you don't do what they tell you, like 30 seconds ago, you could end up dead.

B of A just increases fees so they can give bonuses to executives. They have TARP funds available for everything else.

Crap. Does this mean we're going to have to pony up some more money to bail out BofA again?

If they start crying about losing money and failing, watch it happen.

A man can walk into a B of A branch here in my town wearing a full faced motorcycle helmet with a dark visor and nothing happens. He did his business then walked out. How bad of a situation was this.

There are two types of evil. Legion of doom, mr burns type evils who twiddle their fingers and plot. I don't think banks or corporations are this kind of evil. The second type of evil is mindless, ignorant indulgence. I don't think these people have two braincells to rub together outside of "How to maximize profit." They're the guy in wacky races who junks the engine of the car trying to reduce weight so they can cross the finish line first.

You nailed it Kris. A hispanic man in So. Florida, very unusual and suspicious. They're disappointed with the verdict well BOA most of America is disappointed in you. I hope the next judge triples the award. People please don't use this bank. They are sleeze balls.

They may be just disappointed in the amount of the verdict. Even if liability is clear, many personal injury plaintiffs and their attorneys exaggerate their injuries and damages - if you don’t think that happens every day you are naive - wait until someone sues you and it happens. "suffers headaches, blurred vision and post-traumatic stress disorder" may have been a stretch, who knows? Maybe the bank’s retained doctors thought he was faking in part, maybe they offered $2 million - would that have been enough? Sometimes a jury is so outraged over conduct, that they award damages not supported by the evidence - e.g. they just give money because the are pissed off at banks. Remember that every time you cheer a verdict like this, your own insurance rates are going up, because insurance pays the tab, not the bank.

Exactly... I totally agree with you... I'm not sure what part of this people don't understand.

Post traumatic stress? Seriously... Notice that all of the injuries he claims are considered psychological and cannot be verified. Kinda like soft tissue injuries. And while I'm not saying that he is faking... I've never seen anyone hit in the head once develop disorders like these. Otherwise half the kids in school would have them from sports. Ever watch kids play dodge ball?

This is just another Bu-l Sh-t lawsuit..... Our lovely court system failing again.....

Otherwise half the kids in school would have them from sports. Ever watch kids play dodge ball?

I'm sure that really compares to being kicked in the head by a grown man probably wearing boots.

Heck, since it's no big deal, maybe someone should try it on you. I can't believe how many Americans applaud police brutality. May each of them experience it firsthand.

Sad part is, he already has an account with them. Remember, he was there to deposit a $100 check into his account. This is how B of A treats its customers.

Had an account! I don't think he has one now.

Ok, everyone raise your hand if you'd like to see the BofA execs beaten and handcuffed for a change!

*raises his hand*

Handcuffing the customers makes it easier for B of A to pick their pockets of any money they may still have.

Did you read the story before posting... The teller used the panic alarm! You know, the alarm that tells the police we are being robbed help.

And he "CLAIMS" to have been kicked in the head. I'm sure he wouldn't pad his story for a better suit.

In fact, I'll even slowly reach into my inner coat pocket to pull out my wallet. Just for that extra moment of suspense.

hahahaha, Ruken. Exactly.

Oh, and while I do it, I have to say in a deep voice:

"I'm here to make a withdrawal."

Yes, the deep voice is essential...wouldn't want them thinking you thought you were in a sperm bank. A high voice of course being the correct usage when wishing to make a deposit.

Ruken dont forget the heat hat and sunglasses..

BofA are jackasses.. When I banked with them a-holes it cost me money to deposit money in my account, cost me money every month to have an account, cost me money to take money out of my account and cost me money to talk to someone in the bank.. It pissed me off royally when they capped the amount I could have daily, seems they kept more money of mine daily then I could have..

I'd take two or three beating for 3 Million!

I agree in large part. Business often end up on the hook because one or two of their employees do something really stupid. No matter how much you train and manage, it happens. Perhaps the employees followed a poorly drafted prodecure manual, but so far that is not what the story says.

Did you read the story before posting... The teller used the panic alarm!

Did you read the story before posting... The teller used the panic alarm! You know, the alarm that tells the police we are being robbed help.

And he "CLAIMS" to have been kicked in the head. I'm sure he wouldn't pad his story for a better suit.

I'm with ya!

That's messed up.