NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
v. CASE NO. 5:13-cv-367-RS-EMT
CITY OF PANAMA CITY BEACH,
FLORIDA and JOHN KELLY,
Before me is the Consented Motion to Extend Mediation Deadline (Doc. 29). The mediation deadline is extended until August 29, 2014. The mediation report shall be filed not later than September 5, 2014.
/S/ Richard Smoak
UNITED STATES DISTRICT JUDGE
U.S. District Court
Northern District of Florida (Panama City)
CIVIL DOCKET FOR CASE #: 5:13-cv-00367-RS-EMT
MARTIN v. CITY OF PANAMA CITY BEACH FLORIDA et al
Assigned to: JUDGE RICHARD SMOAK
Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY
Cause: 42:1983 Civil Rights Act
Date Filed: 11/04/2013
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
|Date Filed||#||Docket Text|
|11/04/2013||1||NOTICE OF REMOVAL by JOHN KELLY, CITY OF PANAMA CITY BEACH, FLORIDA from Circuit Court, Fourteenth Judicial Circuit, Bay County, Florida, case number 2013-001597-CA. ( Filing fee $ 400 receipt number 1129-2795289.), filed by JOHN KELLY, CITY OF PANAMA CITY BEACH, FLORIDA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (SCHARLEPP, ZACKERY) (Entered: 11/04/2013)|
|11/04/2013||2||CIVIL COVER SHEET. (SCHARLEPP, ZACKERY) (Entered: 11/04/2013)|
|11/05/2013||3||INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/19/2013. Rule 26 Meeting Report due by 12/19 /2013. Signed by JUDGE RICHARD SMOAK on 11/5/2013. (jem) (Entered: 11/05/2013)|
|11/12/2013||4||ANSWER to Complaint and Affirmative Defenses by CITY OF PANAMA CITY BEACH FLORIDA, JOHN KELLY. (SCHARLEPP, ZACKERY) (Entered: 11/12/2013)|
|12/10/2013||5||REPORT of Rule 26(f) Planning Meeting. (SCHARLEPP, ZACKERY) (Entered: 12/10/2013)|
|12/11/2013||ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: 5Report of Rule 26(f) Planning Meeting (Scheduling and Mediation Order needed) (jem) (Entered: 12/11/2013)|
|12/11/2013||6||SCHEDULING AND MEDIATION ORDER entered re 5 Report of Rule 26(f) Planning Meeting: Discovery Deadline set for7/1/2014. Mediation Report due by 8/4/2014. Jury Trial set for 9/22/2014 08:30 AM in U.S. Courthouse Panama City before JUDGE RICHARD SMOAK. Case referred to mediation. Signed by JUDGE RICHARD SMOAK on 12/11/2013. (jem) (Entered: 12/11/2013)|
|12/16/2013||7||ATTORNEY TIME RECORDS by RANDY MARTIN. (MATTOX, MARIE) (Entered: 12/16/2013)|
|12/16/2013||8||ATTORNEY TIME RECORDS - SEALED PORTION by RANDY MARTIN. (MATTOX, MARIE) (Entered: 12/16/2013)|
Plaintiff filed this action under common law of the state of Florida and 42 U.S.C. 1983.
Plaintiff claims that he was the victim of false imprisonment and false arrest by Defendants.
Plaintiff also claims that Defendants violated Plaintiff’s rights under the 4th Amendment to the United States Constitution and performed a false arrest.
Defendant City was negligent in supervision and retention of Defendant Kelly.
Defendant Kelly failed to conduct any investigation whatsoever, failed to read Plaintiff his Miranda rights before questioning him, and caused the commencement or continuation of a criminal proceeding against Plaintiff.
Plaintiff seeks damages, injunctive relief, attorneys’ fees and costs.
The principal factual and legal issues in dispute are:
i. Whether Plaintiff was the victim of false imprisonment and false arrest by Defendants;
ii. Whether Plaintiff’s rights under the 4th Amendment of the United States Constitution were violated by Defendants;
iii. Whether Defendant City was negligent in supervision and retention of Defendant Kelly;
iv. Whether Defendant Kelly maliciously failed to conduct an investigation prior to his arrest of Plaintiff, failed to read Plaintiff his Miranda rights before questioning him, and caused the commencement or continuation of a criminal proceeding against Plaintiff.
v. Whether Defendants’ actions and inactions involving Plaintiff were for legitimate reasons.
A word from the blog site owner:
In blogosphere terms this is a relatively old blog. Now there is renewed interest as a BAW resident has filed suit against the City of PCB and a disgraced former Police Officer. It is now time for him to get paid for all the BS he had to put up with from the City and a bad apple cop.
This site will be updated as needed, however, the material is good historically as just about everything I could find on the original issue was copied and posted here.
Have an opinion, want to comment or see what others have said? Use this direct link and go to: http://bidawee.proboards.com/index.cgi
from the Herald:
PCBPD sued following Bid-A-Wee fisticuffs
Published: Tuesday, September 24, 2013 at 08:56 AM. PANAMA CITY — An attorney for a man acquitted last year of beating the president of a neighborhood homeowners association has filed a lawsuit against Panama City Beach and the officer who arrested him alleging negligence, false arrest and malicious prosecution.
The suit brought by Marie Maddox on behalf of Randy Martin, 57, contends that John Kelly, a former Panama City Beach Police officer who is now with the departments reserve unit, arrested Martin without probable cause and then lied when he testified at Martin’s trial on a count of aggravated assault with a deadly weapon.
Martin and Jimmy Smith, who was then the President of the Bid-a-Wee Homeowners Association, were involved in a fistfight in Smith’s yard in July of 2011. Smith called police, who arrived and arrested Martin on felony charges of aggravated assault, aggravated assault with a deadly weapon and assault on a person over 65.
The suit, which was filed in Bay County Wednesday, claims Smith was the aggressor in the fight, and Martin only defended himself after Smith "sucker punched" him. Kelly performed a one-sided investigation that resulted in Martin’s wrongful arrest, and that Panama City Beach, as Kelly’s employer, failed to investigate Kelly’s history and training, the suit says.
"It went from one bad nightmare to another," Martin said Monday.
Martin is seeking attorney’s fees and unspecified punitive damages from both Kelly and the city. He said the media coverage of his arrest hurt his reputation and career in the electrical supply industry, and the incident in general caused him great stress as he awaited trial.
"They don’t have enough money to repay what they did to me," Martin said.
Kelly resigned from the police department last year for family reasons that were not related to Martin’s arrest, said Chief Drew Whitman, who added that the lawsuit had not yet been served on the city but he had been notified of the intent to file it. Whitman said he would not be commenting on the pending litigation.
Kelly said he also had not been served with the suit and declined to comment.
Marie Mattox, P.A. Tallahassee, Florida, a Police Misconduct Specialist, on 5/31/12 accepted the Randy Martin civil case.
A civil action for damages was filed Sept 18th, 2013 in Bay County Court, against the City of Panama City Beach and former PCPB Officer John Kelly who was the arresting PCBPD Officer.