Man allegedly assaulted by Miami Beach police detective to file lawsuit

Andrew Mossberg says he was kicked in head by Detective Philip Archer

MIAMI BEACH, Fla. – A man allegedly beaten by a recently suspended police officer is planning to file a lawsuit against the detective after learning of his punishment.  

After a 19-month internal investigation, Detective Philip Archer was suspended for 160 hours for a violent run-in with two citizens in June 2013, which left both of the them bloody and bruised.

"@MiamBeach sez: don't report crimes if you know what's good for you," read a post on Andrew Mossberg's Twitter account.

"A slap on the wrist is exactly what it is," said Coral Gables attorney Ray Taseff, who represents Mossberg.

He said his client was attacked by Archer when Mossberg intervened as he roughly arrested a woman on the street in front of his building.

Mossberg told Local 10 News after the incident that he didn't realize Archer was a police officer.

"I screamed, 'I've called the police they're on their way.' He rushes me and kicks me in the head," Mossberg told Local 10's Roger Lohse.

Mossberg will soon file a civil lawsuit against the city of Miami Beach and Archer. It will be the fourth time the city has had to defend itself against claims that Archer used excessive force. While this officer with an apparent penchant for punching will lose 20 days pay, his actions have cost taxpayers at least $52,500 in legal settlements.

"It's a fair question. It's a common-sense question as to why he's not fired," Taseff said. "I can't speak for the city of Miami Beach administration or the police department."

Chief Dan Oates is standing by the suspension, but at a news conference Tuesday to show the new body cameras that some of his officers will wear, he indicated the technology shows the department is committed to rooting out rogue cops.

"So I think that affirms one of the reasons why we're going to be putting cameras on police officers to document the occasional poor behavior of police officers," Oates said.

Follow Roger Lohse on Twitter @RogerLohse

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