ORLANDO - A woman is suing the Florida Department of Corrections over the alleged wrongful death of her husband while he was in prison.
Sarretta Smith-Sanders, as personal representative of the estate of Dale J. Smith, filed a lawsuit on Jan. 21 in the Orange County Circuit Court against the Florida Department of Corrections and John A. Melillo for civil rights violations under 42 E.S.C 1983, state tort claim for false arrest, false imprisonment and wrongful death.
According to the lawsuit, Dale J. Smith was a 54-year-old man who suffered from phycological disorders and physical impairments. On July 9, 1993, Smith was convicted of two crimes and sentenced to 25 years.
On January 9, 2019, Smith was accused of and charged with possessing cocaine and possessing drug paraphernalia and he bonded out on Jan. 19, the suit says. Both charges were allegedly dismissed.
On June 23, 2019, Smith voluntarily submitted himself to a mental health facility pursuant to the Baker Act. On July 11, 2019, while in the mental health facility, Smith was arrested for alleged violation of his parole. While back in prison, he became very ill and died on August 2, 2020, the suit says.
Smith-Sanders was caused to suffer loss of support and services, loss of companionship and protection, medical and funeral expenses and loss of earnings.
Smith-Sanders seeks a trial by jury. Smith-Sanders is represented by Natalie A. Jackson.
Orange County Circuit Court filing number 142456124