by Christopher Zoukis

A Fort Lauderdale, Florida man was awarded $25,000 after suing the Broward County Sheriff's Department for civil rights violations in a dispute over a citrus tree.

In June 2002, workers for the state's Department of Agriculture wanted to cut down a canker-infected citrus tree on the property of Sterling Cowart. Florida has been actively working to eradicate canker, which is a blight, since 1995. When Cowart refused to let them cut down his tree, the workers called for police assistance.

When two deputies arrived and Cowart asked them to show him a warrant to enter his property and cut down his tree, they threw him to the ground and pepper sprayed him. He was then forced to sit in a police car handcuffed while his tree was cut down, then taken to jail where he was held for 18 hours before being released.

Cowart sued the two Broward County deputies, Armando Enrique and Jeff Poole, for civil rights violations under the Fourth Amendment. The defense argued that the officers' conduct was reasonable because Florida law allows the Department of Agriculture to "enter into or upon any place to open any bundle or package or other container . . . if determined by the department to pose a threat to the agricultural or public interests of this state." Cowart argued that there were no exigent circumstances necessitating a warrantless entry to cut down the tree. There was no danger that the tree would "sprout legs and run away" or cause any harm while a warrant was obtained.

After a four day trial, the seven-person jury found for Cowart, awarding him $15,000 for pain and suffering and $10,000 for costs.

See: Cowart v. Deputy Armando Enrique and Deputy Jeff Poole, United States District Court for the Southern District of Florida, Fort Lauderdale Division, Case No. 0:05-cv-60862-JAL (June 11, 2007)

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