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.
Federal Courts
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.
Federal Appeals Court Strikes Down UCF’s ‘Discriminatory Harassment’ Policy as Chilling Free Speech
The 38-page opinion by a three-judge panel of the 11th Circuit Court of Appeals backed arguments by the group Speech First, which has represented students at universities in various parts of the country. Judge Kevin Newsom wrote that the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.”
Borrowing Page from Trump, DeSantis Attacks Judge Who Doesn’t Rule His Way, Drawing Rebukes
Gov. Ron DeSantis and legislative Republican leaders unloaded at U.S. District Judge Mark Walker after he struck down key portions of last year’s voter suppression law. James Gustafson Jr., president of the Tallahassee chapter of the American Board of Trial Advocates (ABOTA), wrote an opinion piece defending Walker against the attacks.
Federal Judge Strikes Down Florida’s New Limits on Voting Access, Calling It ‘Cynical Effort to Suppress Turnout’
A federal judge has stricken key voting restrictions that the Florida Legislature passed last year as unconstitutional, concluding that they make voting more difficult for everybody but “intentionally target” minorities and “unduly” burden disabled voters.
DeSantis-Backed Law Restricting Protesters’ Rights Draws Skepticism from Federal Appeals Court
An attorney for Gov. Ron DeSantis drew skepticism Thursday from a federal appeals court during arguments in a challenge to a controversial law that enhanced penalties and created new crimes in protests that turn violent.
Full Federal Appeals Court Re-Hears St. Johns Schools Transgender Bathroom Case
In a case with local and national implications, a previous, three-judge panel of the court had ruled in favor of the student who was denied use of the boys’ bathroom. The St. Johns school district appealed to the full court.
Federal Judge Slams UF Over Muzzling Professors: ‘Stop Acting Like Your Contemporaries in Hong Kong’
In a scathing ruling Friday, Chief U.S. District Judge Mark Walker blocked the University of Florida from enforcing a controversial conflict-of-interest policy that gave school administrators discretion over allowing professors to serve as expert witnesses in litigation.
Biden Names Nancy Abudu to 11th Circuit Court of Appeals, 1st Black Woman on Bench that Hears Florida Cases
Pointing to an effort to ensure diversity in the court system, President Joe Biden on Thursday nominated Southern Poverty Law Center attorney Nancy Gbana Abudu for a seat on the 11th U.S. Circuit Court of Appeals, which hears cases from Florida, Georgia and Alabama. Abdu is the daughter of immigrants from Ghana, a graduate of Columbia University and Tulane University Law School.
Supreme Court’s Docket: Guns, Abortion, Religion
The biggest case this year is a challenge to abortion rights. Several states are asking the justices to reconsider Roe v. Wade – the landmark 1973 ruling that established the constitutional right for a woman to terminate a pregnancy, regardless of the moral beliefs of other citizens.
In a Victory for Public Beach Access, Federal Court Rules in Favor of ‘Customary Use’ of Sands on Private Portions
Flagler County in 2018 passed an ordinance similar to the town ordinance the 11th Circuit Court of Appeals upheld today. The court’s decision backed the county over property owners who argued a 2018 Florida law gave them the right to exclude beach-goers from the dry portions of privately owned beach.
Joe Mullins Responds to Lawsuit’s Claims of Fraud and Breach of Contract With List of Denials
Responding through his attorney, Joe Mullins denies the allegations of a $2.4 million lawsuit and moves for a partial dismissal. The motion argues that the claim fails to state a fraud claim or that RICO was violated.
Ex-Congresswoman Corrine Brown’s Conviction for Fraud Is Overturned and New Trial Ordered
Brown, 74, was a member of the U.S. House from 1993 to 2017, where she represented parts of Flagler County for several years, after serving in the state Legislature. The Jacksonville Democrat was convicted on fraud and tax charges related to her role in using contributions to the One Door for Education charity for personal expenses and events.
Joe Mullins Faces $2.4 Million Federal Lawsuit Alleging He Defrauded Company of Augusta Masters Golf Tickets
Joe Mullins, the Flagler County Commissioner and business owner, faces a $2.4 million federal lawsuit over allegations he defrauded a golf vacation-package company by delivering either invalid tickets to the 2018 Augusta National Masters tournament or failing to deliver tickets in 2018 and 2019, costing the company hundreds of thousands of dollars and lost customers and ruining the company.
Local Governments Seek Re-Hearing in Federal Case That Allowed ‘Conversion Therapy’ Targeting LGBTQ Youths
Local Florida ordinances that a federal court found unconstitutional had barred therapists from providing treatment or counseling that is designed to change minors’ sexual orientation or gender identity. Critics of such therapy say it harms minors who are lesbian, gay, bisexual or transgender.
Bar Deems Her ‘Not Qualified,’ But Senate Confirms Trump Nominee Kathryn Mizelle to Florida Judgeship
At 33, Kathryn Kimball “Kat” Mizelle is President Trump’s youngest federal judge appointee. She will serve in the Middle District of Florida, which includes Flagler County. She has never tried a case, criminal or civil. She was a former clerk for Supreme Court Judge Clarence Thomas.
Supreme Court Rejects Death Row’s James Dailey’s Appeal in Murder of 14-Year-Old Girl
A three-judge panel of the 11th U.S. Circuit Court of Appeals disputed inmate James Dailey’s contention that newly discovered evidence would clear him in the murder of Shelly Boggio.
Rebuking DeSantis, Federal Appeals Court Rules Florida Can’t Bar Felons From Voting Over Unpaid Fees
The Florida law enacting Amendment 4 “unconstitutionally punishes a class of felons based only on their wealth,” the 11th Circuit Court of Appeals ruled in a unanimous decision. But it applies only to 17 felons named in the suit for now.
Trump Taps Justices Luck and Lagoa For Federal Bench Just Months After Joining Florida Supreme Court
DeSantis praised the nominations of Lagoa and Luck for seats on the 11th U.S. Circuit Court of Appeals in a statement issued by his office. The governor appointed the pair to the Florida Supreme Court shortly after he took office in January.
Trump Picks 5th District Court of Appeal’s Wendy Berger for Central Florida Federal Court
Wendy Berger serves on the Daytona Beach-based 5th DCA and was a Jeb Bush aide. Trump nominated her to the federal bench’s Middle District of Florida.
Striking at Balance of Powers, Florida Lawmaker Files Measures to Nullify Court Decisions
Gonzalez’s bills are a reflection of the Legislature’s latest assault on judicial power. But taking aim at separation of powers considered fundamental, if not sacred, to American government may be more of a partisan than a realistic exercise.
Weeks Era Aftershocks: Ex-Employee Sues Elections Supervisor Lenhart Over Discrimination Claims
Darlene Walker, formerly ex-Elections Supervisor Kim Weeks’s deputy, claims Kaiti Lenhart fired her in 2015 after she returned from a medical leave because of her age and her disability.
Christian Recovery House for Addicts Wins Legal Battle, Costing Bunnell $500,000
The settlement agreement after an 18-month fight clears the way for Open Door Ministry to run a 12-bed residential program for drug and alcohol addicts on East Booe Street in Bunnell.
Federal Court Upholds Docs v. Glocks Law Forbidding Physicians From Asking About Guns
The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors’ First Amendment rights.
Lawsuits Accuse Air Traffic Controllers of Negligence in 2013 Crash That Killed 3 On Palm Coast’s Utica Path
The plane was misled to Flagler airport instead of the nearer Ormond airport when the emergency began, the two daughters of the pilot and two sons of a passenger claim in their federal lawsuits.
Florida Prisons Must Provide Halal or Kosher Meals to Muslim and Jewish Inmates, Court Rules
The federal lawsuit challenged corrections officials’ claim that they were not required to provide kosher meals, as well as the rules the agency used to determine who was eligible to receive the meals.
In a Surprise, U.S. Supreme Court Upholds Florida Ban on Judicial Candidates’ Fundraising
The 5-4 decision, written by Chief Justice Roberts, upholds a ban in a case started by Lanell Williams-Yulee, who in 2009 sent out a mass mailing asking for campaign contributions during her bid for a Hillsborough County judgeship.
The FBI’s Hairy Evidence Sends Floridians to Prison on Unscientific Testimony
At least 42 Floridians have gone to prison on tainted FBI evidence, including one who was executed and as many as nine who remain on death row, after trials in which FBI “experts” gave testimony that the agency concedes to have been unscientific.
Federal Judge Orders Florida Clerks to Issue Gay-Marriage Licenses Across Florida Starting Tuesday
U.S. District Judge Robert Hinkle warned that clerks of court who refuse to comply with the ruling expose themselves to be a party to the suit, allowing successful plaintiffs to recover costs and attorneys’ fees.
Sheriff Manfre Faces Federal Lawsuit Over Unpaid Wages, Jeopardizing Raise for Troops
Four ex-deputies have sued Sheriff Jim Manfre in federal court over briefings they were forced to attend without being paid, causing the Sheriff to shelve a 1 percent raise previously due the agency’s employees.
Federal Appeals Court Declares Scott Administration’s 2012 Voter Purge Illegal
The 11th U.S. Circuit Court of Appeals rejected arguments from Rick Scott’s administration that the effort to remove suspected non-citizens from the voting rolls did not violate a federal law barring wide-ranging efforts to cleanse those rolls within 90 days of an election.
Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations
Linda Thomas, a retired attorney in Palm Coast, filed the lawsuit in federal district court, charging the city’s code enforcement division with violations of the 4th and 14th amendments. Flagler County circuit court in two rulings already found the code enforcement division had improperly and arbitrarily cited Thomas, but the court did not address constitutional issues.
Federal Appeals Court Strikes Down Scott’s Drug-Testing of State Workers as Too Broad
The 11th Circuit Court of Appeals declared an executive order by Riock Scott to drug-test 85,000 state employees and all job applicants as mostly unconstitutional, but left room for a lower court decision to be rewritten to allow for certain employees in certain categories to be drug tested–essentially restoring Florida’s drug-testing standard to what it was before the governor’s executive order.
In a Decision With Local Sway, Federal Court Upholds Prayers Before Government Meetings
The 11th U.S. Circuit Court of Appeals, which has jurisdiction over all of Florida, ruled that the Lakeland City Commission’s custom of opening meetings with a prayer was constitutional, though the court sidestepped the city’s focus on Christian prayers, and its closed door to atheists, agnostics, humanists or other non-clergy representatives.
Red-Light Cameras Draw Class-Action Lawsuit Citing Constitutional Violations
If successful, the lawsuit would have far-reaching consequences as it seeks reimbursements for all ticket fines, which in Palm Coast exceed $1.35 million since 2008.
Federal Judge Calls Florida’s Drug-Testing Of Welfare Recipients Unconstitutional
Judge Mary Scriven called Florida’s requirement that welfare recipients be drug-tested a violation of 4th Amendment protections against unreasonable searches, and dismissed claims that the law would save money.
Class-Action Lawsuit Calls Florida’s In-State College Tuition Restrictions Unconstitutional
American citizens who’ve lived in Florida for years and have all the documents to prove it are denied in-state tuition rights the moment they can’t prove that their parents are lawful Florida residents–an unconstitutional form of discrimination against citizens, the Southern Poverty Law Center charges in the lawsuit.
Judge Throws Out Challenge to Fair District Amendment, Panicking Motley Incumbents
Federal District Judge Ursula Ungaro rejected the argument that the anti-gerrymandering amendment allows voters to meddle in legislative redistricting. Weird alliances between incumbent Democrats and Republicans have formed to keep fighting the voter-approved amendment.
Federal Suit Filed Against Florida Law Requiring Drug Tests of Welfare Recipients
The new law requires recipients of temporary cash assistance to pay $35 to $45 for a drug test first. The ACLU charges the law stigmatizes low-income people and amounts to a suspicionless search.
In a Florida Case, 2nd U.S. Appeals Court To Rule on Health Law Strikes It Down (It’s Now 1-1)
A divided panel of the conservative 11th U.S. Circuit Court of Appeals in Atlanta, in a case from Florida, ruled health reform unconstitutional, saying it is “unprecedented, lacks cognizable limits and imperils our federalist structure.”
Dixie Check: Judge Orders Commandments Removed from County Courthouse Steps
A businessman had paid for the 6-ton monument, but a judge said its message was a clear government endorsement of religion, violating the establishment clause of the First Amendment.
Florida’s Death Penalty Ruled Unconstitutional
Judge Jose Martinez, a George W. Bush appointee, relied on a 2002 U.S. Supreme Court decision barring judges from interpreting “aggravating factors” independent of juries’ explicit findings.
Flagler Sheriff Bans Inmates From Writing Or Receiving Personal Mail Other Than Postcards
Citing savings and security, the sheriff is banning non-postcard correspondence beginning Jan. 15. The ban costs inmates money and chills their speech, a federal lawsuit filed over a similar policy in Santa Rosa County charges.
Health Care Reform Ruled Unconstitutional; Florida Judge’s Decision Up Next
Monday’s ruling doesn’t stop the roll-out of federal health care reform. Two federal judges have previously ruled the law constitutional. The U.S. Supreme Court will settle the issue by 2012 or 2013.
Prosecutorial Impotence: How Bankers Crashed the System and Got Away With It
The most popular reason offered for the dearth of financial crisis prosecutions is that the banking system was hit by a systemic and unforeseeable disaster, which means that it’s unlikely that anyone committed any crimes. Is it?