More than a year after a deadly Wynwood police shooting, the mother of 28-year-old Evelyn Valdes has filed a federal lawsuit accusing the City of Miami, two Miami police officers, a Wynwood nightclub and its security contractor of negligence and civil-rights violations. The complaint says Valdes, described as an innocent bystander, was hit by gunfire while sitting in the back of an SUV on June 14, 2025, and the family is seeking compensatory and punitive damages, attorney fees and a jury trial.
Federal lawsuit names city, officers, club and security firm
According to Local 10, the complaint, filed in U.S. District Court by Valdes’ mother, Kristy Dee Garcia, names the City of Miami, Sgt. Javier Herbello, Miami Police Department Officer Dorian 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. The suit alleges the two officers “opened fire without warning” during an altercation outside Electric Lady and claims the club and its security company failed to prevent an armed patron from escalating the situation. Family attorneys say the filing portrays the fatal shooting as the outcome of longstanding failures in training, supervision and discipline within the department.
Valdes was an innocent bystander
Valdes, 28, had been celebrating her birthday and was seated in the back of an SUV when shots erupted near Northwest First Court and 23rd Street, according to the Miami Herald. She was taken to Jackson Memorial Hospital’s Ryder Trauma Center, where she was later pronounced dead, and the Florida Department of Law Enforcement opened an investigation at the time. In the months since, family members and friends have publicly demanded answers and urged anyone with photos or video of the scene to come forward.
DOJ oversight cited in the complaint
The lawsuit also leans on earlier federal scrutiny of the Miami Police Department, pointing to past findings and monitoring from the U.S. Department of Justice that highlighted problems with MPD’s use of deadly force and resulted in a settlement agreement intended to reform department practices. The complaint cites those prior reviews in arguing that the city maintained an ongoing pattern of inadequate training and discipline tied to the use of deadly force.
Allegations of excessive force and delayed care
The filing asserts that the officers fired roughly 10 to 11 rounds across what it calls a “crowded” street and that Valdes was “directly within the Officer Defendants’ line of sight” when she was struck, according to Local 10. The suit alleges VIP Security did not properly screen or monitor patrons for weapons and that Electric Lady failed to adequately oversee its security contractor. It further claims officers and emergency responders did not provide timely medical care, saying it took about 34 minutes from the initial 911 call for Valdes to arrive at Ryder Trauma Center.
Legal implications
The complaint brings federal civil-rights claims that typically proceed under 42 U.S.C. § 1983, which allows people to sue state actors for alleged deprivations of constitutional rights, as outlined by the Legal Information Institute. In cases like this, defendants often invoke qualified immunity, a doctrine that can shield officers from liability unless the law was “clearly established” at the time of the alleged misconduct, explained by the Legal Information Institute.
What happens next
The civil case is now pending in federal court, and the family has requested a jury trial; the complaint does not specify a dollar amount in damages. Criminal and administrative reviews remain separate, with state investigators from the Florida Department of Law Enforcement having handled the officer-involved shooting. Family lawyers say they plan to use discovery to press for more information and accountability as the litigation moves forward, according to reporting by the Miami Herald.
