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Middlebrooks Order Dismissing Spence Jones

Middlebrooks Order Dismissing Spence Jones

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Published by David Oscar Markus
Middlebrooks Order Dismissing Spence Jones
Middlebrooks Order Dismissing Spence Jones

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Categories:Types, Business/Law
Published by: David Oscar Markus on Dec 20, 2013
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12/24/2013

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-24253-CIV-MIDDLEBROOKS/BRANNON
MICHELLE SPENCE-JONES,
Plaintiff,
VS.
STATE AUORNEY KATHERINE
FERNANDEZ RUNDL , MAYOR TOMAS
REGALADO, ASSISTANT STATE
AUORNEY WILLIAM RICHARD SCRUGGS,and INVESTIGATOR ROBERT FIELDER,
Defendants.
/
ORDER DISMISSING AMENDED COMPLAINT
THIS CAUSE comes before the Coud upon the following:
Motion to Dismiss by Katherine Fernandez Rundle (DE 60),2. Motion to Dismiss by Tomâs RegaladotDE 61)*3. Motion to Dismiss by Robed Fielder (DE 62),
4. Motion to Dismiss by William Richard Scruggs (DE 73)* and
5. Motion to Strike Amended Complaint by William Richard Scruggs (DE
74).
I have had the benefit of memoranda filed by the Parties as well as oralargument.
1. Introduction
The Plaintift Michelle Spence-lones ('tspence-lonesn), a former Miami City
Commissioner has sued Dade County State Attorney Katherine Fernandez Rundle
1
Case 1:12-cv-24253-DMM Document 100 Entered on FLSD Docket 12/20/2013 Page 1 of 64
 
($'RundIe''), Assistant State Attorney Richard Scruggs (ldscruggsn), an investigator in theState Attorney's office, Robert Fielder (''Fielder''), and the Mayor of Miami, TomésRegalado (llRegaladon). Essentially the Complaint alleges that the Defendants
conspired to remove Ms. Spence-lones from office by manufacturing false evidence,hiding exculpatory evidence, and manipulating the criminal process by charging her intwo criminal cases. One of the cases was dismissed. In the other she was acquitted by
a jury of her peers.
The complaintl reads more Iike a political manifesto than the shod
,
plain
statement of jurisdiction and the claims contemplated by Rule 8 of the Federal Rules of
Civil Procedure. Nineteen claims are asserted: ten claims pursuant to 42 U.S.C. j 1983
alleging fabrication and concealment of evidence, false arrest, malicious prosecution,First Amendment retaliation, civil rights conspiracy, supervisory liability, retaliatoryinducement to prosecute, and Due Process Stigma-plus; Civil RICO; common Iaw false
arrest' malicious prosecution' intentional infliction of emotional distress' and negligenthiring, discipline, training, retention and supervision. Mindful of the damage that couldbe inflicted on the functioning of the government and law enforcement officials of MiamiDade County, I stayed discovery pending resolution of the instant motions to dismiss.
See Chudasama 7. Mazda Motor Corp., 123 F.3d 1353 (1 1th Cir. 1997).
II. Amended Complaint
The Complaint is 1 14 pages long and has 757 numbered allegations. It is full ofself-serving hyperbole, personal attacks, and formulaic, implausible conclusions. Forexample, Spence-lones describes herself as 'ta powerful voice for the community . . .1 The Plaintiff amended her Complaint on March 7
,
2013. AII references to the
'dcomplaint'' are directed at the operative, Amended Complaint at Docket Entry 48.
2
Case 1:12-cv-24253-DMM Document 100 Entered on FLSD Docket 12/20/2013 Page 2 of 64
 
Iwho) quickly developed a reputation for independence and Ioyalty to her constituents,
often fighting powerful, moneyed, and entrenched interests for the sake of what she
believed to be the good of her District and the City.'' (Compl. 11 30). Her opposition,
however, d'came from a somewhat different school of politics than Spence-lones, a
school based on friendship, patronage, and political favors.'' (ld. :1 35).
Full of political intrigue, the Complaint moves from an attempted extradition or
kidnapping in Costa Rica (id. j r 83-88), the 1993 confrontation between the FBl and
Branch Davidians at Waco, Texas (id. I 89-93), a plan to fire the Miami PoliceCommissioner because he had ordered raids on illegal gambling (id. IN 535-540), the
Mayor's alleged misuse of a city-issued gas credit card (id. 1111 51-55), and the failure to
arrest and prosecute the Mayor (at the time, a city commissioner) over an incident
during street protests over Elian Gonzalez which occurred over a decade ago. (Id. 1156).
For purposes of this Order, however, the pedinent allegations are relatively
discreet, involving two criminal prosecutions.
A. Karvm Venturesïcafé Soul ProsecutionAllegations of the Complaint pertaining to the prosecution of Ms. Spence-lonesarising out of the Karym Venturesïcafé Soul matter may be found in paragraphs 238-
325 and 543-592. I have construed the Complaint in the Iight most favorable to the
Plaintift accepting as true all facts that she alleges. See Hishon e. King of Spaulding,
467 U.S. 69, 73 (1984)* see also Wright v. Newsome, 795 F.2d 964, 967 (1 1th Cir.1986).
Case 1:12-cv-24253-DMM Document 100 Entered on FLSD Docket 12/20/2013 Page 3 of 64

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