SOUTHWEST MIAMI-DADE, FLA. (WSVN) - A South Florida father has filed a lawsuit against members of the Miccosukee Indian Tribe in which he accuses them of kidnapping his newborn baby.
Justin Johnson said the situation, involving his daughter Ingrid, became an ordeal he wishes he could forget.
“It’s like waking up from a nightmare,” said Johnson, “and then still wondering if something like this can happen again. And that’s what we’re trying to make sure doesn’t happen.”
Johnson’s wife, Rebecca Sanders, is a member of the Miccosukee tribe. She gave birth to the couple’s daughter at Baptist Hospital on March 16.
Two days later, the baby was taken by the tribe.
“It has been very traumatic. I’m still fearful,” said Sanders.
Following a public outcry and a demand from U.S. Sen. Marco Rubio, R-Fla., Ingrid was returned a few days later.
But Johnson said the emotional damage was done. Now he is filing a civil lawsuit naming several members of the tribe, including the child’s grandmother, Baptist Hospital and its employees.
“We are making a call for action,” said Johnson’s attorney, Richard Wolfe.
According to the lawsuit, on March 18, Miccosukee Tribal Police, accompanied by Miami-Dade Police, went into the hospital and took the baby.
“They abducted their child. It’s a kidnapping,” said Wolfe.
Wolfe said the tribal officer who came to take the baby had his hand on his gun, escalating an already emotional experience.
“If you were in the hospital with your child and someone came in at gunpoint and took your child away from you, you would be outraged,” said Wolfe. “We are outraged.”
The lawsuit lists a slew of allegations. “False imprisonment, negligence, the intentional infliction of emotional stress, defamation,” said Wolfe.
The move was the result of a court order filed by the child’s grandmother.
“It is our position that everything that they did was a legal sham,” said Wolfe.
The attorney indicated the order was not a federal order, as it was allegedly presented, but a tribal order.
Wolfe claims the hospital should have never surrendered the baby. “They were negligent in not reading it,” he said.
The baby’s parents said this was all part of a ploy by the grandmother to keep Johnson out of Ingrid’s life.
Now they want someone to pay for the pain they suffered. They also want the U.S. and State Attorney Offices to pursue criminal charges.
“And we’re asking them to take action and do the right thing: arrest the people who have perpetrated a criminal act against our clients,” said Wolfe.
Ingrid is back in her parents’ arms, safe and sound, but her father said he fears it could happen again.
“I’m very fearful that the Miccosukee tribe would possibly try this again,” said Johnson.
The attorney representing the Miccosukee tribe, who is also named in the lawsuit, declined to comment.
A spokesperson for Baptist Hospital released a statement that reads, “We feel for everyone involved in this challenging circumstance. It is our policy to be in compliance with all applicable laws, rules and regulations and to work in accordance with the highest ethical and moral standards. We are unable to comment of the specifics of pending litigation.”
Miami-Dade Police officials said they were misled in their involvement. Attorneys for the couple said the department will still be named in the lawsuit.
Wolfe said Johnson and Sanders are filing separate lawsuits as part of their legal strategy.
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