When we agree to take your case at TWWHB, we are committing to take it as far as it has to go.  In this case, it went all the way to the Supreme Court of the United States!  This case also went up on appeal twice and had to be tried twice.  But, if that's what is required to secure justice, that is what we do.  Please help us congratulate TWWHB attorney, Keith Weidner, who fought for nearly ten years all the way to the United States Supreme Court after two trials.  Here is what went down in Swindell v. Bailey, 2024 U.S. LEXIS 3501 (2024).

The Assault, Improper Arrest, and First Trial and Appeal

On September 11, 2014, our client's civil rights were violated when he was tackled to the ground in his parents' home and punched repeatedly around his head, neck, and arms by a Santa Rosa County Sheriff's Office deputy before he was wrongfully arrested.  The assault caused our client, Bailey, long-term injuries and a forced medical discharge from the U.S. Air Force.  The case went to trial on the claim that the deputy, Swindell, used excessive force on Bailey after the Court ruled in Deputy Swindell's favor regarding the unlawful entry claim.

The Second Trial and Second Appeal

Keith appealed the decision to the Eleventh Circuit Court of Appeals.  The appellate court found that the lower court committed error in granting judgment in Deputy Swindell's favor on the unlawful entry claim.  Following the remand and second trial, the jury found in favor of Bailey and rendered a verdict of $625,000.  But the fight did not end there.  After the verdict was rendered the lower court granted Swindell immunity.  Keith appealed again, arguing to the Eleventh Circuit that the lower court erred by disregarding the jury's findings there was no “hot pursuit” exigency that warranted the arrest.  The Eleventh Circuit found in favor of Bailey again, overturning the lower court's grant of judgment in Swindell's favor and reinstating the jury's verdict. 

Victory at the United States Supreme Court Level

Despite this clear directive from the Eleventh Circuit, the fight still did not end there as Deputy Swindell appealed the Eleventh Circuit's second ruling to the Supreme Court of the United States.  Keith gained his admission to the U.S. Supreme Court to continue his pursuit of justice for Bailey and fought the appeal through lengthy briefing.  His efforts paid off, as the U.S. Supreme Court recently entered a ruling denying Deputy Swindell's final appeal in its entirety. 

Read the U.S. Supreme Court's Denial

When We Say We Will Fight for You at TWWHB, We Mean It

While the almost decade-long, four-court fight that was required in Bailey v. Swindell is the exception, our commitment at TWWHB to take every case as far as it needs to go is the norm.  If we need to file or fight an appeal on your behalf, we will.  If we have to try the case a second time, we will.  When we tell clients, “This isn't your problem anymore.  We will fight for you,” we mean it.  We are incredibly proud of Keith's persistence and continued perseverance in this matter.  His legal savvy and endurance paid off after a long, hard-fought battle.  And, we are definitely framing his certificate of admission to the U.S. Supreme Court!  That's pretty exceptional.  Please help us in congratulating Keith and Bailey on this well-deserved victory.