In a dispute over federal law following the second attempted assassination of former President Donald Trump, Florida Attorney General Ashley Moody has filed a lawsuit in U.S. District Court against U.S. Attorney General Merrick Garland.
Federal Courts
Federal Judge Cites ‘Legislative Privilege’ to Shield School Board Members from testifying in Book Ban Case
A federal judge has shielded Escambia County School Board members from having to testify in a legal battle about the removal of children’s books from school libraries. United States Magistrate Judge Zachary C. Bolitho on Friday issued a 15-page order agreeing with the school board that members do not have to give depositions because of what is known as “legislative privilege.”
Civil Rights Groups Drop Challenge of DeSantis ‘Anti-Riot’ Law
The lawsuit civil rights groups filed against Gov. Ron DeSantis over the 2021 law imposing harsher penalties for protesters inciting violence is officially over.
‘I Don’t Have a Lot of Pick-Me Up Sort of Topics,’ U.S. Attorney Roger Handberg Tells Flagler Tiger Bay in Fentanyl-Laced Talk
In contrast with Flagler Tiger Bay President Jay Scherr’s irradiating exuberance, U.S. Attorney Roger Handberg’s lunch talk to the club today–including a rare, full complement of the county’s circuit and county benches–was decidedly downbeat, like the Deuteronomy of heroin, opioids and fentanyl and the concurrent hockey-stick-shaped graph of overdose deaths since 2000 in Florida.
Rejecting ‘existence of a fundamental right,’ Appeals Court Leaves Minor Transgender Care Ban in Place
In a decision that could have far-reaching implications in the legal battle over treatments for transgender children, a fiercely divided federal appeals court on Wednesday refused to reconsider a ruling that backed Alabama’s ban on hormone therapy and puberty blockers for trans minors. The decision by the full 11th U.S. Circuit Court of Appeals effectively kept in place a ruling by a three-judge panel that overturned a preliminary injunction a district judge had issued blocking the Alabama law.
Why Is Palm Coast’s Mayor Extending the Red Carpet to ‘Constitutional Sheriff’ Extremists?
A local representative of the Constitutional Sheriffs and Peace Officers Association known as CSPOA is asking the Palm Coast City Council and the County Commission to enact ordinances making Flagler a “Constitutional County.” That would be illegal and unconscionable: CSPOA is an anti-government extremist group that seeks to undermine federal, state and court authorities while placing the local sheriff above them all.
Florida and 3 States Scramble to Avoid Enforcement of Federal Rule Prohibiting Gender Discrimination
Hours after a U.S. district judge ruled against them, Florida and three other states late Tuesday asked an appeals court to temporarily halt a new federal rule about sex-based discrimination in education programs. The states have prevented transgender students from using school bathrooms that don’t match their sex assigned at birth and blocked or restricted treatments such as puberty blockers and hormone therapy for people with gender dysphoria.
Trump-Appointed Federal Judge Rejects Florida’s Claim That Biden Administration Overstepped on Gender Rules
Florida and three other states alleged in part that the Biden administration overstepped its legal authority in extending Title IX regulations to apply to discrimination based on sexual orientation and gender identity. Judge Axon, who is based in Alabama, said the plaintiffs had not provided adequate arguments to obtain a preliminary injunction.
Fentanyl-Caused Deaths Down 10% in Florida, 14% in Flagler, Putnam, and St. Johns: A U.S. Attorney’s Perspective
For the first time in 12 years, the Florida Medical Examiners Commission’s 2022 report showed a small decrease of 3 percent in deaths caused by fentanyl. This month, the Commission issued its interim report for the first six months of 2023. According to that report, the number of deaths caused by fentanyl in Florida was down approximately 10 percent as compared to the same time period in 2022.
Escambia School Board Wants 7 Year Old Deposed in Book Fight
As it tries to fend off a constitutional challenge to removing and restricting school library books, the Escambia County School Board on Tuesday argued that it should be able to take a deposition of a 7-year-old student who is part of the lawsuit. Attorneys for the board, in a 20-page court document, urged U.S. District Judge T. Kent Wetherell to reject a request for a protective order that would shield the child, identified by the initials J.N., from having to testify in a deposition.
Appeals Court Denies Life Insurance Claim After Florida Climber Died on a Mountain in Pakistan
A federal appeals court Tuesday rejected a ruling in a South Florida case that would have led to sons of a man who died while mountain climbing in a remote area of Pakistan receiving a $500,000 life-insurance payment.
With Thomas in Dissent, Supreme Court Upholds Ban on Domestic Abusers Owning Guns
The U.S. Supreme Court Friday upheld a federal law that bars people subject to domestic violence restraining orders from owning a firearm. In an 8-1 decision on United States v. Rahimi, Chief Justice John Roberts wrote in the opinion that “our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”
Supreme Court Unanimously Upholds Access to Abortion Pill Without Foreclosing on a Future Challenge
Thursday’s ruling means that mifepristone will continue to remain widely available in the United States, where it is used in over 60% of abortions by health care providers. The decision, however, does not necessarily foreclose another challenge to the FDA’s actions. Three states with Republican attorneys general – Idaho, Missouri, and Kansas – joined the dispute in the lower court earlier this year.
Federal Judge Stops Florida’s Law Banning or Restricting Transgender Care, Calling It Discriminatory
A federal judge on Tuesday ruled that a 2023 Florida law and regulations prohibiting the use of puberty blockers and hormone therapy to treat children for gender dysphoria and making it harder for trans adults to access care are unconstitutionally discriminatory and were motivated by “animus” toward transgender people.
Justice Clarence Thomas Acknowledges He Should Have Disclosed Free Trips From Billionaire Donor
Supreme Court Justice Clarence Thomas acknowledged for the first time in a new financial disclosure filing that he should have publicly reported two free vacations he received from billionaire Harlan Crow. The trips include vacations in Indonesia and at the exclusive, men’s-only Bohemian Grove retreat, which were first reported by ProPublica last year.
Federal Appeals Court Will Decide Whether Florida Ban on Strippers Younger Than 21 Is Constitutional
A panel of the 11th U.S. Circuit Court of Appeals is scheduled to hear arguments June 6 in Jacksonville about whether a city ordinance barring dancers under 21 in adult establishments violates First Amendment rights.
Flagler Schools Paid Former Indian Trails Middle School Teacher $40,000 to Settle Discrimination Lawsuit
The Flagler County school district paid JaWanda Dove $40,000 to settle a federal lawsuit Dove filed in 2020, alleging that as a Black teacher at Indian Trails Elementary, she had repeatedly been passed over for promotion by white applicants. Dove transferred to Rymfire Elementary last year, where she was promoted to dean and where she remains. Dove had been seeking Dove is seeking $100,000 in back pay and benefits, and an appointment as assistant principal.
Florida Joins GOP Lawsuit to Kill Federal Protections for Transgender Students
Republican State Attorney General Ashley Moody has enlisted Florida in multi-state litigation challenging new Biden administration regulations protecting transgender people from discrimination in schools, colleges, and universities.
1st Amendment Lawsuit Over Florida School District’s Ban of Children’s Book Cleared to Proceed
A federal judge has ruled that two authors and a student can pursue First Amendment claims against the Escambia County School Board over the removal of the children’s book “And Tango Makes Three” from library shelves. But U.S. District Judge Allen Winsor, in a 27-page decision Thursday, dismissed allegations against state education officials and leaders of the Lake County school district.
They/Them vs. Him/Her: A Federal Judge Will Decide Legality of Florida’s Ban on Pronoun Freedom
A federal judge on Friday heard arguments in a court battle over a law restricting educators’ use of personal pronouns and titles in schools, in one of a series of challenges to Florida policies targeting LGBTQ people. The challenge alleges the law violates the teachers’ First Amendment rights and runs afoul of a federal civil-rights law.
Wrongfully Arrested Migrant To Be Freed on Immigration Bond as Civil Rights Suit Is Filed Against St. Johns Sheriff
Virgilio Aguilar Mendez, the Guatemalan migrant who had been wrongfully arrested outside his motel in St. Johns County last May and charged with manslaughter after the sudden death by heart attack of his arresting deputy, is to be released from federal custody on an immigration bond this week. On Tuesday, one of his attorneys filed an amended federal lawsuit accusing St. Johns County Sheriff Robert Hardwick of violating Mendez’s civil rights.
Federal Appeals Court Stops DeSantis’s ‘Stop Woke’ Restrictions on Workplace Training Against Bigotry
The workplace-training part of the law listed eight race-related concepts and said that a required training program or other activity that “espouses, promotes, advances, inculcates, or compels such individual (an employee) to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin.”
Federal Judge Rules Against Palestinian Students on Florida Campuses, Saying They’ve Not Been Silenced
Students for Justice in Palestine at the University of Florida and Students for Justice in Palestine at the University of South Florida filed lawsuits in November alleging that efforts by Gov. Ron DeSantis and state university leaders to disband the groups violated their First Amendment rights.
Palm Coast’s Noah Michael Urban, 19, Faces 14 Counts of Cryptocurrency Fraud in Federal Indictment
A federal judge in Jacksonville on Monday signed an order to have former Palm Coast resident Noah Michael Urban held in prison pending trial, and finding him at risk of fleeing if he were released meanwhile. Urban is alleged to have stolen virtual currency from five victims’ accounts by fraudulently obtaining their personal identifying information, managing to take control of their cell phone numbers, and gaining access to their online accounts and cryptocurrency exchange accounts.
As Escambia County Bans 1,600 Titles, Including Dictionaries, a Lawsuit Is Cleared for Trial
A federal judge cleared the way for a First Amendment challenge to decisions by the Escambia County School Board to remove or restrict access to school library books. An updated list of Escambia’s now-1,600 banned titles includes five dictionaries, The Guinness Book of World Records, a Thurgood Marshall biography, Sherlock Holmes and many more.
U.S. Supreme Court Rejects DeSantis Attempt to Enforce Drag Show Law Halted in Lower Courts
A divided U.S. Supreme Court on Thursday rejected a request from Gov. Ron DeSantis’ administration that would have allowed enforcement of a new state law aimed at preventing children from attending drag shows. U.S. District Judge Gregory Presnell this summer issued a statewide preliminary injunction against the law, finding that it violated First Amendment rights.
Drag Shows Can Go On in Florida: Court Rejects Ban
It’s OK to take in a drag show in Florida — a federal appeals court has upheld a block on enforcement of Florida’s anti-drag law against any entertainment venue in the state.
Florida’s Policing of Public Restroom Gender Draws Federal Lawsuit from Trans and Nonbinary Group
A group of transgender and nonbinary people on Friday filed a federal lawsuit challenging a new Florida law requiring people to use public restrooms that align with their sex assigned at birth, asking a judge to block enforcement before an upcoming march in Orlando.
Nancy Abudu, Former ACLU-Florida’s legal Director, Seated Friday at 11th Circuit Court of Appeals
Nancy Abudu, former legal director for the ACLU of Florida, will be installed as a judge of the U.S. Court of Appeals for the Eleventh Circuit on Friday in Atlanta. In doing so, she will make history as the first Black woman to serve on that court, which has jurisdiction over all of Florida.
Lawsuit Calls Florida’s New Immigration Law Unconstitutional and ‘Xenophobic’
A coalition of groups have filed a lawsuit in federal court over Florida’s recently enacted immigration law, specifically challenging the section of the law that makes it a felony for individuals to transport an undocumented immigrant across state lines as being unconstitutional.
Florida Law Banning Kids at Drag Shows Blocked and Termed Unconstitutionally Vague
Operators of Orlando restaurant Hamburger Mary’s, which has run “family friendly” drag shows for 15 years, filed a legal challenge shortly after Gov. Ron DeSantis signed the law restricting children from attending “adult live performances.”
Indian Trails Middle School Teacher Suing District Has a New Attorney, and Seeks Trial
Indian Trails Middle School teacher JaWanda Dove’s employment discrimination case against the Flagler County school district is back on track toward a trial date as both sides also continue to seek an out-of-court settlement.
A Federal Lawsuit Is Filed Against Florida School District, Calling Book Bans Unconstitutional
The lawsuit is against the Escambia County School District and its local school board. Plaintiffs include PEN America, powerhouse publisher Penguin Random House, several authors, and parents of children. A remedy: Return books to school library shelves, particularly books considered “targeted,” according to the lawsuit.
Federal Judge Signs Order Releasing Flagler County Dunes Easement It Sought for 3 Years
A federal judge late this afternoon signed the order approving a settlement agreement between the county and Cynthia d’Angiolini, who for three years had held out from signing an easement that would allow the U.S. Army Corps of Engineers to rebuild 2.6 miles of dunes south of the Flagler Beach pier.
Indian Trails Teacher JaWanda Dove Loses Her Attorney Over Refusal to Settle Discrimination Suit Against District
Almost three years after filing an employment discrimination suit against Flagler County schools, and a few settlement offers that even her attorney implored her to accept, Indian Trails Middle School teacher JaWanda Dove may now head for trial representing herself, as her own attorney asked the court to be relieved of representing her.
Lawyer Defending Woman in Palm Coast Rape and Deceit Claim Is Arrested on Child Porn Charges
Michael Dolce, the 53-year-old lawyer representing a woman who claims she was raped by a physician in his Palm Coast condominium in 2017, was arrested at the end of March on charges of possessing child sexual abuse imagery, according to court papers and the U.S. Attorney’s Office for the Southern District of Florida.
U.S. Supreme Court Refuses to Block Execution of Flagler’s Louis Gaskin, Set for Wednesday
The U.S. Supreme Court on Tuesday refused to block the execution of Death Row inmate Louis Gaskin, who is slated to face lethal injection Wednesday in the 1989 murders of a Flagler County couple.
Divided Appeals Court Rejects Protection for Transgender Bathroom Use in St. Johns School Case
After a five-year legal battle, and reversing a lower court ruling, a sharply divided federal appeals court upheld a St. Johns County School Board policy that prevented a transgender male student from using boys’ bathrooms at a high school.
Flagler County Sues Cynthia d’Angiolini, Lone Dunes Hold-Out, And Her Attorney Wants Off Bankruptcy Case
Flagler County government today filed a federal suit against Cynthia d’Angiolini, the lone remaining obstacle to a dune-rebuilding project intended to protest 2.6 miles of shore and State Road A1A in Flagler Beach, asking the court to revoke the discharge from bankruptcy d’Angiolini secured only a few weeks ago. The move occurs as other steps are severely complicating–and darkening–d’Angiolini’s posture against the county, including a motion today by her bankruptcy attorney to stop representing her.
Flagler County Accuses Dune Hold-Out of ‘Bad Faith’ and ‘Abomination,’ and Wants Property Seized
Flagler County government is accusing the lone hold-out in a planned dune-rebuilding project along State Road A1A in Flagler Beach of “bad faith,” “fraud” and deception, and is asking a federal court to revoke her discharge from bankruptcy and enable the government to seize all but her homesteaded assets. Cynthia d’Angiolini, the 71-year-old property owner, today countered that “Flagler County is not a creditor in this case and has no standing.”
Lawsuit Cites DeSantis Trickery in Seeking to Block Further Migrant Flights
Lawyers representing asylum seekers who were allegedly “tricked” into going from Texas to Martha’s Vineyard on flights funded by Gov. Ron DeSantis’ administration said Wednesday they are seeking a nationwide injunction to block the governor from luring immigrants to travel across state lines.
In 4th Legal Challenge Against DeSantis’s ‘Stop Woke Act,’ USF Professor and Student File Suit
In a 91-page complaint, lawyers for USF associate professor of history Adriana Novoa, student Samuel Rechek and the First Amendment Forum at University of South Florida raised a series of arguments that the law violates speech rights.
Federal Judge Urged to Halt Law Muzzling Instruction on Gender and Sexual Orientation
The 26-page motion contends that the law, passed this year by the Republican-controlled Legislature and signed by Gov. Ron DeSantis, “was enacted with the purpose to discriminate and has the effect of discriminating against LGBTQ+ students and those with LGBTQ+ family members.”
Federal Ruling Clears Way for Lawsuit Against School Officer Who Attacked Student
A panel of the 11th U.S. Circuit Court of Appeals overturned a district judge’s ruling that former Officer Mario Badia was entitled to immunity from allegations of excessive force and battery. The panel upheld immunity for Badia on a claim of false arrest.
Mothers Behind Book-Banning Campaign Claim Their First Amendment Rights Are Being Violated
The self-dubbed Mama Bears filed a federal lawsuit alleging that by not being allowed to read sexually explicit material aloud at school board meetings, they themselves are being censored.
Andrew Gillum Fraud Trial Moved to April
A trial that could determine whether former Tallahassee Mayor Andrew Gillum is convicted of federal wire fraud and conspiracy charges has been delayed until April, according to an order issued by a federal judge on Thursday. Pushing the trial back to April 17 from its initially scheduled August 16 date is “reasonable and appropriate” in the case, U.S. District Judge Allen Winsor wrote in the order.
Four School Boards Sued Over Enforcing ‘Don’t Say Gay’ Law, Charging Violation of 1st Amendment
The lawsuit, filed Monday in federal court in Orlando, seeks to block the school boards in Orange, Indian River, Duval and Palm Beach counties from carrying out the law (HB 1557), which restricts instruction on gender identity and sexual orientation in classrooms. The lawsuit charges the law is unconstitutional.
Ex-Governor Candidate Andrew Gillum Arrested on Wire Fraud, Lying and Conspiracy Charges
A 21-count indictment, delivered by a grand jury this year and unsealed Wednesday, accused Gillum and a longtime adviser, Sharon Lettman-Hicks, of illegally soliciting and obtaining money from various entities “through false and fraudulent promises and representations that the funds would be used for a legitimate purpose.”
3 Republican-Appointed Judges Call DeSantis-Inspired Law Targeting Social Media Unconstitutional
Dealing a major setback to Gov. Ron DeSantis, a three-judge federal appellate panel of judges appointed by Republican presidents, including Donald Trump, on Monday ruled that a 2021 Florida law targeting social-media platforms such as Facebook and Twitter unconstitutionally restricts the companies’ First Amendment rights.
3 Trump-Appointed Judges Reverse Obama-Appointee’s Ruling Against Florida’s Restrictive Voting Law
Calling it flawed, a three-judge appellate panel made up entirely of Trump appointees on Friday put a hold on an Obama-appointed federal judge’s ruling that said a 2021 Florida elections law was unconstitutionally intended to discriminate against Black voters.
