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Police Shootings, Abuse and The Mentally Ill
The killing of a mentally ill, 66-year old, African American woman by police has been officially criticized as violating NYPD police policy. Deborah Danner was shot after she dropped a pair of scissors she was holding during the psychiatric episode and picked up a baseball bat. Police had been called to Ms. Danner’s home several times before and she was taken away safely. Mayor Bill deBlasio criticized the shooting stating that had police protocols been followed Ms. Danner would still be alive.
One in Four People Shot by Police are Mentally Ill
According to the National Alliance on Mental Illness (NAMI), the police book some 2 million mentally ill persons into the nation’s jail system each year. NAMI reports that roughly one in three women in the jail system suffer from some form of mental illness while 15 percent of the men housed there are mentally ill. More alarming is the fact, says NAMI, that one in four of the people involved in police shootings suffers from mental illness.
Some police departments have Crisis Intervention Teams (or CIT programs) that provide mental health training to its officers. Some major police departments, like the Houston Police Department which began providing its officers with specialized mental health training in the early 1990s, have seen positive results with their CIT programs.
Crisis Intervention Training Shows Promise
Amy Watson is an associate professor at the Jane Addams College of Social Work at the University of Illinois in Chicago. Last year she told the
Chicago Tribune
that “the research suggests that (CIT programs) can work in terms of improving officers’ knowledge, their attitudes, their skill sets for responding. There’s some evidence that they can reduce the use of force and injuries. There’s some evidence that they can reduce arrests of people with mental illness, and they can increase linkage to mental health services.”
But not all law enforcement officers receive CIT training, and even some that do either fail or neglect to utilize the program’s protocols.
In March 2012, Jacob Tactuk was a park service ranger with the Florida Department of Environmental Protection. He functioned as a law enforcement officer.
On March 17, Tactuk was assigned to patrol Honeymoon Island State Park located in Pinellas County, Florida on his All-Terrain Vehicle (ATV). Honeymoon Island is a 400-acre barrier island with four miles of beach.
That day in March of 2012, Officer Tactuk had a fatal encounter with a mentally ill man named James Clifton Barnes.
n an October 12, 2016 decision, the Eleventh Circuit Court of Appeals outlined the factual chronology leading up to that encounter.
Accompanied by his aunt Paula Yount, Barnes went to the Honeymoon Island beach to conduct a baptismal. Something not explained by the court triggered an agitation in Barnes. The court simply said that he “began acting erratically by flailing, flopping, and thrusting his arms and body, and yelling loudly about a demon.”
Barnes was a big man, standing 5 feet and 10 inches tall weighing in at 290 pounds. His behavior that day, and the law enforcement response to it, was witnessed by at least sixteen people at the beach.
Officer Tactuk was patrolling the area when his attention was drawn to Barnes’ behavior. Yount left the water to speak with the officer about that behavior. Both the officer and the aunt tried to calm Barnes, urging him to get out of the water. He did not leave the water.
Police Escalating Non-Violent Confrontations to Violent
There are decisions made in officer involved confrontations with citizens that escalate a non-violent incident into a violent one. Officer Tactuk made a decision to go into the water to forcefully remove Barnes from the water.
At that moment, the appeals court observed, the officer believed he had probable cause to arrest Barnes for battery on Ms. Yount.
It didn’t take a rocket scientist to know what would inevitably happen. Barnes disobeyed Officer Tactuk’s order to get out of the water. The officer began striking the mentally ill man in the face as they struggled. Tactuk repeatedly ordered Barnes to comply; Barnes continued to resist. The officer finally managed to get Barnes into shallow water where he succeeded in getting one of Barnes’s hands cuffed.
Suddenly, Barnes managed to pull Officer Tactuk back into waist-deep water. The officer continued to hit the mentally ill man in the face as they struggled. The officer managed to place Barnes in a choke hold, and dragged him out of the water by the head.
Officer Ignores Pleas for Help and Cries to Stop Beating
All the while Barnes was crying out for “help” and pleading with Tactuk to “please stop.”
Ignoring the mentally ill man’s pleas, the officer continued to hit Barnes while simultaneously sending out a call for backup. Two eyewitnesses to the unfolding scene also called 911 for help.
After Barnes was pulled from the water, another eyewitness called 911, reporting that the mentally ill man had “calmed down” and was “just laying on the beach now with the state park ranger next to him.”
At that point, with Officer Tactuk kneeling beside Barnes, it would seem there was no need for the officer to pursue a further restraint. But that is not what happened—and here’s where the entire encounter reached a point of no return. The officer tried to secure the handcuffs to Barnes’s other arm. The mentally ill man started to resist again and refused to cooperate with the officer’s effort to cuff him.
What did Officer Tactuk do?
Officer Resumes the Beating
The appeals court said the officer climbed on top of Barnes and began hitting him again while continuing to try to get the handcuffs on Barnes’s other arm. Two bystanders jumped into fray—one holding Barnes’ legs and the other holding Barnes’s free arm. The mentally ill man responded by making grunting and growling sounds.
And what was the result of this unconscionable gang-bang on a mentally ill man?
The Eleventh Circuit answered that question this way:
“ … The handcuff was not placed on Barnes’ second arm in a normal fashion, and instead, one of Barnes’ arms was pulled over his head, with his elbow pointing toward the sky, and his other arm was twisted behind his back, in a manner that looked like a figure-eight. One bystander observed that an ‘eruption of blood and fluids’ spewed from Barnes’ mouth with each breath, and that Barnes was struggling to breath.”
Beating Gets Worse
Any reasonable person would think that the physical abuse would stop there. Well, it did not. It only got worse.
“At this point,” the appeals court said, “Tactuk got off of Barnes and pulled him further up onto the shore, and then straddled him while Barnes continued to resist. Tactuk pressed the emergency button on his radio …, identified himself, and said that he had a violent, mentally-ill person in custody. Tactuk broadcast that he needed ‘help’ at the north end of the island, and that the location was accessible only by ATV. As Barnes continued to struggle, Tactuk deployed pepper spray, shooting it into Barnes’ eyes. Tactuk struck Barnes in the face multiple times, and Barnes continued to resist.”
The Sheriff’s Marine Unit responded to Tactuk’s emergency call. Officer Kenneth Kubler ran his boat ashore as he watched Tactuk and Barnes struggling on the ground. As he approached the two men, Officer Kubler saw that Barnes was on his back “with his face out of the water.” He said the mentally man was struggling to get Tactuk off of him. Officer Kubler observed that Barnes “had blood on his mouth and face and that Tactuk was covered in blood.
At that point, Officer Tactuk had straddled Barnes, sitting on the handcuffed man’s stomach with his legs positioned under Barnes’s armpits.
One witness described the scene at the point. While Barnes was still screaming, the witness said the mentally ill man was starting to “wear down” and that “he wasn’t fighting as much” and that the situation seemed to be “under control.”
Second Officer Joins in the Abuse
The situation was not under enough control to suit the Sheriff’s Marine Unit officer. He joined the abuse of Barnes by positioning himself “between Barnes’ hips and knees and tried to stop Barnes from kicking, instructing Barnes to quit resisting.”
Both officers radioed dispatch requesting further assistance and an ambulance. Tactuk specifically requested “hobble restraints.” Barnes could be heard yelling and screaming in the background while Tactuk could be heard saying “stop resisting.”
The two officers rolled Barnes onto his stomach in an effort to put the handcuffs on properly. Barnes resisted and kicked. How did the officers respond to this resistance?
“ … Tactuk continued to hit Barnes, striking him in the face three times after Barnes hit Tactuk’s hand,” the Eleventh Circuit wrote. “Witnesses said that Kubler stood over Barnes and put his foot on Barnes’s buttocks, and one testified that Barnes was arching his back. Another witness testified that Kubler put his knee on Barnes’s back, and that Barnes was immobilized.”
The appeals court continued:
“Kubler warned Barnes to stop rising up or the officer would tase Barnes, but Barnes continued to resist. Kubler drew his Taser and gave Barnes a second warning, but Barnes kept struggling, and … he can be heard again yelling in the background on the dispatch radio transmission.”
Mentally Ill Man Beaten and Tased to Death
What happened next is beyond disturbing. It is shameful.
Officer Kubler tased Barnes a total of five times over a two-minute period.
Barnes was still and quiet. The officers uncuffed Barnes and attempted to put the handcuffs on properly. An off-duty fire department lieutenant arrived at the scene. He noticed Barnes was “blueish gray.”
“You need to get the handcuffs off him because he’s not breathing,” the lieutenant told the officers.
The two law enforcement officers removed the handcuffs and rolled Barnes onto his back. The officers then began chest compressions “because … the face trauma” prevented them from getting “an airway on him.”
The end of this tragic story came two days later when Barnes died from what the Medical Examiner said was “complications of asphyxia with contributory conditions of blunt trauma.” The ME also said that “Barnes had scattered abrasions, contusions, and lacerations, plus subgaleal hemorrhage and cerebral edema.”
Medical Examiner: Mentally Ill Man Beaten to Death
Put simply, Barnes had been beaten and suffocated to death.
Barnes’s family filed a civil rights lawsuit against Offices Kubler alleging that he used excessive force in violation of Barnes’s Fourth Amendment rights when he tased the mentally ill man after his arrest had been secured and he no longer posed a threat to anyone or risk of flight.
Officer Raises Qualified Immunity in Civil Rights Lawsuit
Officer Kubler pleaded a qualified immunity defense. The Eleventh Circuit rejected this defense, finding that the Barnes family had presented sufficient evidence for the matter to proceed to a jury for a trial on the merits. The appeals court observed that while the first, and perhaps the second tasings were justified, there was no justification for the third, fourth and fifth tasings administered after Barnes had been completely subdued.
Officer Tactuk and the Florida Department of Environmental Protection decided it was in their interests to settle out of court with the Barnes family. They recognized there was absolutely no defense for Officer Tactuk’s actions that contributed to Barnes’s death.
Officers Chose to Escalate Rather than De-escalate
There were so many points when this confrontation between an obviously mentally ill person and law enforcement could have been de-escalated. Instead, the officers chose to escalate the confrontation with use of force after force because they could not get a man incapable of rational thought to “stop resisting”—resistance that posed no real threat to anyone.
The end result: the mentally ill man died and the state law enforcement agencies responsible for the officers had to pay substantial damages.
Would CIT training have made a difference?
Hard to say. Training is only as good as the officer. Both these officers believed that force should be the first response to resistance. Training will not eradicate those character traits. Those kinds of officers have no business on the front lines of the to protect and serve the community.
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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John was kind enough to assist me with legal advise on my firearm gun rights restoration. I highly recommend him and his firm. Very professional and knowledgeable. If I need assistance … More in the future I will definitely go back to him.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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I have been calling to get some legal advice pertaining to gun rights. A few legal offices would not even take my call because quote " your not a client and Im losing money. … More I I called John T. Floyd Law Firm and they were not only able to answer my question, but gave great detail information, and further elaborated on their answer. I hope I do not have to use them in the future, but if I do need to, they will be my first call.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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