Ruling opens door to Corey Jones' family suing Palm Beach Gardens over rights violation in his death

A federal judge on Friday took preliminary steps to allow the family of Corey Jones to seek millions from Palm Beach Gardens for not properly training an officer who fatally shot the Boynton Beach drummer after his car broke down seven years ago.

In a 10-page ruling, U.S. Judge Robert Scola said the family could continue to pursue the city for violating Jones’ constitutional rights by not properly training Officer Nouman Raja on critical steps he should have taken when working a late-night shift while wearing plain clothes and driving an unmarked van.

Instead of approaching Jones and identifying himself as a police officer, Raja pulled out his gun and shot the 31-year-old Delray Beach housing manager, who was waiting for help after his car broke down on an Interstate 95 exit ramp to PGA Boulevard, according to court records.

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Scola cautioned that he based his decision on allegations made by prominent civil rights attorneys Benjamin Crump and Daryl Parks, who are representing Jones’ family in the civil lawsuit.

But if the decision survives, it would mean that the two attorneys could pursue plans to ask the city to pay Jones’ family far more than the $2 million it has in insurance coverage.

Under the state’s sovereign immunity laws, the amount of money governments can be forced to pay for wrongdoing are capped at $200,000 per person and $300,000 per incident. However, those caps don’t apply if a city or other government agency is accused of violating someone’s constitutional rights.

Attorney Scott Alexander, who represents the city, said Scola's decision is the first in what will be a long process.

“(It) does not in any way find or deem the city liable,” he said in a statement. “It just means that the city has to file a response to it.”

Judge says Nouman Raja not entitled to qualified immunity against civil lawsuits

Scola also ruled that Raja isn’t entitled to special protection that is often afforded police officers who are accused of improperly using deadly force.

Allegations that Crump and Park made strongly suggested that Raja acted “in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety and property” when he opened fire on Jones, Scola wrote.

That means Raja isn’t entitled to what is known as qualified immunity, which shields police officers from liability in civil lawsuits, he ruled.

Attorneys who are representing Raja couldn’t be reached for comment. However, that ruling, too, is likely to be litigated further before a final decision is made.

Park declined to comment specifically on the decision. “The family of Corey Jones is very encouraged by Judge Scola’s ruling this morning and looks forward to the case continuing in federal court,” he said.

Lawsuits targeting constitutional rights violations 'very tough' to prove, lawyer says

Neither the Palm Beach County Sheriff’s Office nor any police agency in the county has been successfully sued for violating someone’s constitutional rights as a result of a police shooting.

Attorney Val Rodriguez said he and many other attorneys have tried. But, he said, the legal hurdles are enormous. “They are very tough,” he said.

In the case of Jones’ shooting, the attorneys have to prove that Palm Beach Gardens had a “custom, policy and practice to encourage what Raja did,” he said.

In his ruling, Scola said Parks and Crump made strong arguments that city officials should have known that working at night in plain clothes is inherently dangerous. Therefore, special training was needed to teach officers how to handle themselves.

“As the need for such training was obvious, at this stage, the relevant 'policymakers of the city can reasonably be said to have been deliberately indifferent to the need’ for such training,” Scola wrote, quoting a past court decision.

Detailed records of Corey Jones case make it 'good test case' about rights violations 

Rodriguez said it is likely attorneys representing the city will refute Scola’s findings. Further, even if Scola doesn’t waver, the notoriously “cop-friendly” 11th Circuit Court of Appeals has consistently blocked efforts to hold police and law enforcement agencies accountable, he said.

But, he added, Jones’ shooting is unique.

Raja in 2019 became the first Florida police officer in three decades to be convicted in connection with an on-duty shooting. His 25-year prison sentence and conviction on charges of manslaughter and attempted murder were upheld on appeal.

The court record offers Crump and Park a rich and detailed record of what happened in 2015 after Jones’ car broke down when he was driving home from a gig with his band. Key evidence came from an audio recording of a phone call Jones was having with a roadside assistance operator when Raja approached his car.

The recording refuted Raja’s claims that he identified himself as a police officer. Instead, after telling Jones "get your (expletive) hands up," it revealed that he began shooting. Evidence showed Jones was fatally shot as he fled.

Such evidence could bolster the civil suit, Rodriquez said.

“It’s going to be a good test case,” he said. “But it’s going to be a battle.”

Jane Musgrave covers federal and civil courts and occasionally ventures into criminal trials in state court. Contact her at jmusgrave@pbpost.com.

This article originally appeared on Palm Beach Post: Judge OKs Corey Jones' family filing rights lawsuit in his 2015 death