Rebekah Jones drops lawsuit against state of Florida, plans to refile

[Geechie]

Source: Washington Post

TALLAHASSEE — Former Florida Department of Health whistle-blower Rebekah Jones has moved to dismiss her lawsuit against the Florida Department of Law Enforcement that alleged that the state violated her constitutional rights when agents raided her Tallahassee townhome in December.

Jones’ lawyer, Richard E. Johnson, said she could not continue the case because of a pending criminal case against her but will refile the lawsuit when that case is resolved.

“You can’t do a criminal case and a civil case at the same time,’' Johnson said Tuesday. “The criminal case has to go first. It’s better to dismiss it so you can start over with the facts as they exist at the time of refiling.”

Read more: https://www.tampabay.com/news/florida-politics/2021/02/09/rebekah-jones-drops-lawsuit-against-state-of-florida-plans-to-refile/

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Wayyyy down in the text:

“Jones, who now lives in Washington, D.C. ...”



Wait What!? Is it possible my hope that Jones would go to DC to work on Biden’s COVID task force is coming true?

Hey, a gal can dream!

[PunksMom]

1. Well, well...

That would be pretty awesome. Can she be hired when she has a criminal case against her? Just asking, because I’m truly not sure.

[Geechie]

2. Good question!

I know her lawyer is a bulldog for civil rights & a stickler for the fine print. We shall see ...

[DonaldsRump]

3. That's a bit odd

Usually when there are civil and criminal matters that are simultaneously pending and relate to the same issue, the person/party at risk in the criminal matter moves to stay the civil proceedings until the end of the criminal matter. This makes sure that the Fifth Amendment right against self-incrimination is not violated because of testimony that might be required to be given during the civil matter.

I would have thought Jones would file her own lawsuit, which she did, and then immediately move for a stay pending the resolution of criminal charges. To actually withdraw the case, as she did here, means that any applicable statute of limitations on her civil claim continues to run.

[Geechie]

4. Probably got better legal advice after filing

but who knows? I don’t think Johnson was representing her until recently, but not sure.

[ScratchCat]

5. Its because she has no defense

For the criminal charge. She did what they said she did. She will end up in a plea deal and wont re-file this suit(which was DOA anyway).

[DonaldsRump]

6. That sounds plausible

If you had a good civil case, you wouldn't withdraw like that. I would be pretty sure that any judge would stay the civil case until the end of the criminal case because of the SoL issue.

[ScratchCat]

7. I don't have much experience

In this area of law, but her claim is that her civil rights were violated by a court issuing a search warrant. That suit would likely be dismissed, regardless of whether the State went "shopping" for a judge to issue that warrant(which they did). I don't know what the judge would have done with a stay until the criminal case was done, but I bet she was afraid it would be dismissed with prejudice and withdrew in case something went her way down the road. I personally doubt she re-files.

[stopdiggin]

8. a pretty steep hill

to ask a court to rule that a warrant (even a flawed one) rises to the level of violating this person's rights. And I don't think the state was that far out in the weeds here.

(and remember back when we were arguing that somebody had spoofed Jones IP address -- supposedly in an effort to deliberately frame her? let's see where the state's case goes --and then get back to civil rights.)