Thursday, August 8, 2024

Statement on the Order......



This afternoon the Board received word that the Okaloosa County Judge that was handling the Replevin and conversion lawsuit to recover stolen county files has issued an order.  The order was a motion to dismiss, with prejudice, and with attorney's fees and costs.  Obviously it is a disappointing outcome.  All we have attempted to do with this lawsuit, which the Board filed filed under advice from our attorneys,  was to recover confidential, privileged, data that was stolen from the county's IT department.  Social Security numbers, bank accounts, medical information, Driver's licenses--full color pictures of all of these, etc.  This was never an attempt to silence anyone--because ALL of the files that were public records were already released by the county.  Months ago.  This is specifically why this is NOT a SLAPP suit. Never was.  The board will meet in executive session on Sept. 5th and I will strenuously advocate for an appeal------ because this is a disappointing ruling, the court got it wrong here, this is a young judge--- and I believe this will be overturned on appeal or at a minimum-remanded back to this Judge for further proceedings. Separately--- criminal investigations and ethics investigations/proceedings continue against those who unlawfully, gleefully admit they have this stolen data--as the mere possession of this information by those who are not entitled to it is unlawful under 817.5685 Florida Statutes.

8 comments:

  1. That judge your bashing, worked for the states attorneys office. The judges Record speak for itself you just don’t like to hear what you don’t want to. You lost Jeff, and in the process showed that you’re willing to go as far as to suing someone to silence them against thier first amendment rights given to him. But you probably won’t let this post see daylight.!!!!

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    1. Nobody is "bashing" the judge. Many of us simply disagree with this order, believe it is incorrect, and that this judge got it wrong. This is America, we can agree to disagree peacefully. Meanwhile, some folks that are dancing in bliss on a couple of facebook sites ought to temper their enthusiasm. One of them is still staring down a $20K fine at the Ethics board and potential criminal charges. He knows who he is. Dance away!

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  2. You are the pettiest person on the planet!

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    1. Get back to me when someone steals all your personal information--three year's worth of your phone's pictures, texts, and downloads from your employer's custody on their servers and this data includes lots of personal information on more than a dozen innocent citizens, information that would never be subject to public records law. Get back to me when that happens to you and although the mere possession of this much PII data on more than a dozen citizens by those not authorized to possess it is a felony ---------- and nobody is held accountable. Get back to me when that happens to you Otherwise, you know not what you are discussing and opinion means nothing.

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  3. 6:19 exactly, that judge who made piss poor, careless, and sloppy rulings this entire case was a prosecutor in the past State's Attorney's office and has returned to work for the current SA. Thanks for underlining that point. It's just such a coincidence that he of all people got assigned this case, isn't it?

    Copying my response to Rick Outzein's morning post on how our Clerk of Court continues to harass a commissioner at every turn on a scenario that was already cleared by a grand jury investigation, as it pertains to this dubious business, as well:
    -----------------------
    Well the good news is that

    (a) the commissioners have an excellent County Attorney who is willing to really roll up her sleeves and protect the BCC and the taxpayers they represent from this sort of harassment;

    (b) we’ve got a no-nonsense State’s Attorney who doesn’t brook constitutionals or anyone else using her office for political retribution, and who is not afraid to pursue criminal charges on local elected officials and their attaches who have actually committed clear crimes per Florida statutes, and

    (c) there aren’t any area judges content to make political hits from the bench for their mentors and patrons with their overtly inept and shamelessly sloppy rulings.

    I just typed that as a thought experiment to see how it would feel to imagine for one moment it were true, and our rule of law was intact and properly functioning.

    It was really a very satisfying fantasy, however fleeting. I enjoyed it immensely, and encourage others to imagine the same whenever they’re needing a wee break from the absurdity and frustrations of the local political moment.

    https://ricksblog.biz/daily-outtakes-childers-continues-to-retaliate-against-lumon-may/

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  4. Important typo correction:

    "that judge who made piss poor, careless, and sloppy rulings this entire case was a prosecutor in the past State's Attorney's office and has returned to work for the current SA."

    should have read

    that judge who made piss poor, careless, and sloppy rulings this entire case worked under a prosecutor in the past State's Attorney's office who has returned to work for the current SA."

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  5. Lmao your our favorite Karen MeL and the best expert on legal matters 🤣😂🫡!!!

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    1. Cody, I recognize you have far more experience with having spent time in the legal system than I do. But it doesn't take vast intimate experience, or a law degree, to see when a judge makes an overtly biased, political ruling that makes zero sense per the law. Or, for that matter, to recognize it when attorneys intentionally tank a case for their own client.

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