Академический Документы
Профессиональный Документы
Культура Документы
SCOTT ISRAEL,
Plaintiff,
versus
(DE24). The complaint states a valid cause of action for declaratory and
injunctive relief against the Governor and Senate President Bill Galvano
compromises the will of the voters to elect their public officials. The
1
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 2 of 20
1) Plaintiff asks for a hearing for one (1) hour to enable the
and responses. In the hearing, the court can seek input from the parties
(DE23).
III. INTRODUCTION.
Florida to serve a term of four (4) years until November 2020 (DE1, p. 7).
2
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 3 of 20
and 2018 (at the Marjory Stoneman Douglas High School) (DE1, p. 7).
during which the parties (Governor DeSantis and Sheriff Israel) were
thereupon concluded “the Governor has not proven the specific charges
line vote on October 23, 2019, to remove Sheriff Israel from office.
facts. Yet, the Governor did just that in suspending Sheriff Israel from
political power in the absence of proven facts or a fair opportunity for the
suspension depended.
County, Florida, has been removed from office without any factual
information on which the Senate relied and in the absence of any fair
subject matter jurisdiction, the failure to state a claim upon which relief
13) Rule 8(a) of the Federal Rules of Civil Procedure specifies that
the claim showing that the pleader is entitled to relief. To satisfy the Rule
fair notice of the claims and the grounds supporting them; dismissal is
available only if no relief could be granted under any set of facts that
& Spalding, 467 U.S. 69, 73 (1984). A complaint does not need detailed
factual allegations and is only required to provide more than mere labels
action. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
5
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 6 of 20
exceedingly low. Ancata v. Prison Health Services, 769 F.2d 700, 703
(11th Cir. 1985). In ruling on a motion to dismiss, the court must accept
inferences in favor of the plaintiff. See Speaker v. U.S. Dep’t of Health &
Human Servs. Ctrs. For Disease Control & Prevention, 623 F.3d 1371,
rel. Hatton v. Joughin, 103 Fla. 877, 881 (1931) (one’s right to office and
6
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 7 of 20
16) The Due Process Clause does not prevent a state from
due process in connection with the deprivation. See, e.g., Board of Regents
of State Colleges v. Roth, 408 U.S. 564, 569-70 (1972); Cleveland Bd. of
U.S. 319, 333 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552
(1965)).
Lopez, 419 U.S. 565, 582-83 (1975); Reams v. Irvin, 561 F.3d 1258, 1263
interest and the manner of its deprivation. See Mathews, 424 U.S. at 334-
35; see also Nash v. Auburn Univ., 812 F.2d 655, 663 (11th Cir. 1987)
7
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 8 of 20
made permanent. See Bailey v. Bd. of Cty. Comm’rs of Alachua Cty., Fla.,
956 F.2d 1112, 1122 (11th Cir. 1992) (even temporary deprivation raises
position for more than one year as of the present time, and in the process
contest the “evidence’ on which his suspension and removal was based.
evidence upon which the Governor relied upon for the suspension. But
when the Governor opposed the Special Master’s ruling, the Florida
declare that Sheriff Israel must be removed from office. The resulting
and removal complied with Florida law (it did not) (DE24, p. 5-8, 9-16),
the process used in this instance does not excuse a violation of the U.S.
Constitution. See, e.g., Brown v. Bd. of Educ., 347 U.S. 483 (1954)
a state official does not constitute all the process that is due pursuant to
U.S. 532 (1985), makes that point clear. There, a state school board
The Supreme Court flatly rejected that contention: “If a clearer holding
the Due Process Clause of the U.S. Constitution, not by Florida law.
Israel’s suspension and removal. The proceedings were little more than
a sham, for which Sheriff Israel has redressable recourse in this court.
claims against the Governor because he has been removed from office by
the Florida Senate (DE24, p. 16-26). This assertion has been rejected by
was complete, and the clerk’s only remedy was with the Florida Senate,
10
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 11 of 20
Sheriff Israel has been deprived of his elected position by action initiated
jurisdiction over the cause of action and the parties. The Governor’s
political reasons.
11
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 12 of 20
Coleman, 115 Fla. 129, 134, 155 So. 129, 135 (Fla. 1934) (emphasis
12
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 13 of 20
must consider the matter based on the evidence presented, id., at 495:
parte contacts and unnoticed evidence. Sheriff Israel is aware that the
Lopez, 419 U.S. 565 (1975); Hadley v. Department of Admin., 411 So.2d
184 (Fla. 1982). Nonetheless, the Supreme Court recognized that certain
v. Eldridge, 424 U.S. 319, 334 (1976) (“Due process is flexible and calls
13
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 14 of 20
hearing only meets basic due process requirements if the parties are
facts upon which the deciding entity acts. See Coral Reef Nurseries, Inc.
e.g., Richardson v. Perales, 402 U.S. 389, 410 (1971) (due process
Labor Relations Auth., 685 F.2d 547, 564-65 (D.C. Cir. 1982)
C.A.B., 309 F.2d 238, 240-241 (D.C. Cir. 1962) (most important
disclosed to the Sheriff and for which the Sheriff was given no
(DE1, pp. 15-16 ¶¶24-25). Several Senators, including but not limited to
Sen. David Simmons, cited to and utilized allegations that had never
Governor, cited authority from other states involving the conduct of law
and argued allegations that had been withdrawn by the Governor during
34) Not only was the Sheriff denied meaningful notice and an
the only claimed grounds for removal: neglect of duty and incompetence.
but is instead a quasi-judicial review of evidence for which this court has
the duty to review for its due process deprivation. The decisions cited by
the Governor (DE24, pp. 23-26) do not involve the narrow and
and are a far cry from the callous and highly partisan removal of a
power.
leadership failed Sheriff Israel and the voting public, who ultimately hold
political power through the ballot box. Art. I, §1, Florida Constitution
rejected.
16
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 17 of 20
v. Scott, 2019 WL 163352 (N.D. Fla. January 10, 2019). See also Fair v.
Kirk, 317 F.Supp. 12 (N.D. Fla. September 15, 1970) (challenge by elected
38) Ex parte Young, 209 U.S. 123, 146 (1908), identifies the
court despite the Eleventh Amendment ... [if] the officers have ‘some
charged with the duty to enforce the statute’ and [are] threatening to
exercise that duty.”). Here, the Governor and Senate President are the
very officials who hold the suspension and removal power, authority that
Hosp. Med. Ctr., 135 F. Supp. 2d 1198, 1214 (M.D. Fla. 2001).
immunity protection.
VI. CONCLUSION.
words.
Respectfully submitted,
18
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 19 of 20
19
Case 4:19-cv-00576-WS-CAS Document 27 Filed 02/03/20 Page 20 of 20
CERTIFICATE OF SERVICE
been filed via the EM/ECF electronic filing system, serve a copy via email
S/ Benedict P. Kuehne
BENEDICT P. KUEHNE
20