The Herald reports that Judge Gold dismissed David Ranck's case yesterday. I will post the opinion when I get to the office. (UPDATE -- Here it is) I'm sure Rumpole will have more. In the meantime, here's the Herald's summary:
A veteran prosecutor Tuesday lost his free-speech lawsuit against State Attorney Katherine Fernández Rundle, who had suspended him last year for posting on a blog his own internal memo criticizing her handling of a controversial fatal police shooting.
U.S. District Judge Alan Gold found that Miami-Dade prosecutor David Ranck had a constitutional right to post the memo on the Internet, but he couldn't pursue the First Amendment case against his boss.
The reason: His 30-day suspension without pay was also based on other employment violations -- including unprofessional conduct during a murder case in which he called a defense attorney an ''a--hole,'' leading to a mistrial. ''[Ranck] has not established he was deprived of his constitutional rights when he was suspended by his employer,'' Gold wrote in a 28-page ruling.
In a statement, Fernández Rundle said she was ``gratified by the court's comprehensive decision dismissing this case.''
But Ranck's attorney, Allan Kaiser, said the judge's decision was ''almost a vindication'' for his client.
''The crux of the case was that he had a constitutional right to alert the public through his memo on a blog, and the judge agreed with him,'' Kaiser said.
Whether you get a favorable ruling or not from Judge Gold, you gotta love him -- he treats you fairly and he rules quickly. A 28-page order within a week of the hearing...
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
What's WRONG with you people!?!?! Where are all the comments about the sex at White and Case!?!?! After all, we are dysfunctional lawyers who love this stuff. So dissapointing. I gues we are numb to it in Miami
ReplyDeleteIf Obama wasn't already enough of an abomination, he now has decided to extend federal benefits to the homosexual lovers of federal employees. What a disgrace this country is becoming!!! So it was in the days of Lot.
ReplyDelete2:09,
ReplyDeleteIf you don't like it here, leave. We don't want you here anyway.
Just had my first foray into the world of criminal defense this morning. Wow was that fun! Now I know why you people do it. Civil litigation blows (I already knew that by the way, just didn't realize that criminal work might actually be fun).
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ReplyDeleteWho is "we"? Do you purport to speak for all Americans because the overwhelming majority of Americans agree with me, not you. It looks like you're the one who needs to leave. I'll even buy your plane ticket for you.
Dude, this blog blows.
ReplyDeleteIn a statement, Fernández Rundle said she was ``gratified by the court's comprehensive decision dismissing this case.''
ReplyDeleteIt is likely she needed someone to explain the decision to her. Not nearly a rocket scientist in the field of law and law enforcement. When will someone run her out of town so Miami can have a new, competent, not media seeking, overly made up SA? (KR - it doesn't help).