MIAMI — A federal lawsuit filed Thursday accuses the city of Miami, two Miami police officers, a security company and a Wynwood nightclub of negligence and excessive force in the 2025 fatal shooting of 28-year-old Evelyn Valdes.
Valdes was described in the lawsuit as an “innocent bystander” who was celebrating her birthday when she was struck by police gunfire last year.
The lawsuit, filed in U.S. District Court by Valdes’ mother, Kristy Dee Garcia, alleges that Miami Police Department Sgt. Javier Herbello and MPD Officer Dorian Acosta “opened fire without warning” during an altercation outside the Electric Lady nightclub in Wynwood on June 14, 2025, killing Valdes as she sat in the back seat of an SUV.
According to the complaint, the officers fired “approximately 10 to 11 rounds” across a “crowded” street without issuing verbal warnings or attempting to de-escalate the confrontation.
The lawsuit alleges Valdes was seated in a vehicle “directly within the Officer Defendants’ line of sight” when she was struck by a bullet.
Authorities said a gunman died, and two victims were injured after a fight devolved into a police shooting.
The complaint also alleges officers and emergency responders failed to provide timely medical care after the shooting, stating it took about 34 minutes from the initial 911 call for Valdes to arrive at Jackson Memorial Hospital’s Ryder Trauma Center, about 1.3 miles from the scene.
The lawsuit names the city of Miami; Herbello and Acosta; VIP Management Team Corp., doing business as VIP Security Florida; and 144 NW 23rd Street Group LLC, doing business as Electric Lady, as defendants.
According to the complaint, VIP Security failed to properly screen patrons for guns, monitor an armed patron or prevent an altercation from escalating outside the club.
The lawsuit also alleges Electric Lady failed to adequately supervise its security contractor and “protect the safety of patrons on and around their premises.”
The complaint claims the officers violated Valdes’ constitutional rights through excessive force and accuses the city of Miami of maintaining a longstanding pattern of inadequate training, supervision and discipline related to police use of deadly force.
The lawsuit also cites previous U.S. Department of Justice investigations into the MPD, alleging the agency has a history of “brutality and excessive force” and delayed investigations into police shootings.
Valdes’ family is seeking compensatory damages, punitive damages where applicable, attorney fees and a jury trial. It does not specify the amount of compensation being sought.
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