Miya Marcano’s family sues Orange County Sheriff’s Office, 2 deputies for negligence

ORANGE COUNTY, Fla. — The family of Miya Marcano is suing the Orange County Sheriff’s Office and two specific deputies for their handling of her case.


In a lawsuit filed Monday in Orange County, Marcano’s family claims deputies failed to timely respond when they first raised concerns about her disappearance.

Marcano was kidnapped from her Orange County apartment in September of 2021 and murdered by a maintenance man who had access to it.

READ: Miya Marcano’s mother: ‘The Orange County Sheriff’s Office failed Miya’

In addition to Sheriff John Mina, the lawsuit specifically names Deputies Samir Paulino and his supervisor, Corporal Kenneth Dale.

It claims Paulino, who was the first deputy to respond to Marcano’s apartment for a welfare check at the request of her mother, failed to treat the apartment as a possible crime scene despite “obvious warning signs” that a crime was committed.

The lawsuit goes on to say Paulino failed to inform anyone of the evidence of a potential crime scene he had seen in the apartment.

READ: Investigative report gives insight into timeline of Miya Marcano’s death

According to the lawsuit, Paulino discussed the case the next day with Corporal Dale, but both declined to share critical information about the case before ending their shifts, and failed to notify the Criminal Investigations Division, classifying Marcano as a “voluntary missing person” who was not believed to be in danger.

On September 27, the man believed to have killed Marcano was found dead in his home. Five days later, on Oct. 2nd, Marcano’s body was found.

According to the lawsuit, Marcano’s family believes Paulino and Corporal Dale had sufficient evidence that- had they responded appropriately- may have saved Marcano’s life or at least led to the discovery of her body sooner. The lawsuit notes Sheriff Mina nonetheless commended the deputies for doing an “excellent job.”

READ: ‘One of our better days’: Miya Marcano’s mother speaks after tenant safety bill signed into law

The lawsuit also claims the sheriff’s office has failed to implement policies and procedures to help address the “lack of support” from deputies.

In addition to suing the Orange County Sheriff’s Office for negligence, the lawsuit accuses all the named defendants of violating Marcano’s civil rights.

Read the full lawsuit below:

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