JAABlog: Recent Comments

Comment on WEDNESDAY NOTES

2010-03-18T05:52:05Z

Jack Thompson has now hijacked the blog under the aka "tim".

Comment on JAABLOG WELCOME

2010-03-18T05:42:39Z

Hey 8:54, what have you heard about Cowart? He's the only Judge I know who is smart enough to stay out of controversy and do his job...fairly.

Comment on JAABLOG WELCOME

2010-03-18T05:35:47Z

And don't forget Giselle Pollack!

Comment on JAABLOG WELCOME

2010-03-18T05:34:12Z

Hey 3:11, what in God's name are u thinking giving $$ to Seidman?

Comment on JAABLOG WELCOME

2010-03-18T03:54:28Z

Rumours of my death have been greatly exaggerated.

Comment on JAABLOG WELCOME

2010-03-18T03:25:55Z

Some simple truths -- all verified.

Carlos LL is going to be Fired by the Big T.
Mayanne Downs is a 30 watt bulb, dumbest donkey ever -- and next BOG president.
The Florida Bar is a Criminal Organization. The Feds are coming Fast !!!

Comment on WEDNESDAY NOTES

2010-03-18T02:39:51Z

sued ATTORNEY GENERAL McCOLLUM because he is an elected official and is the Chief
Legal Officer for the State of Florida. F.S. §16.01. The complaint is completely devoid of
allegations of an affirmative causal connection between Defendants THE COMMISSION,
GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM. Moreover, it makes no
factual allegations against GOVERNOR CRIST or ATTORNEY GENERAL McCOLLUM
whatsoever. Rather, Plaintiff makes the conclusory statements, "...defendants have
violated...privileges and immunities involving due process and related rights that are protected
by the Constitution and laws of the United States of America." Again, said statements suggest
the pro se plaintiff copied legal terms from an encyclopedia rather than setting forth sufficient
facts to allege a cognizable cause of action.
Plaintiffs complaint is legally insufficient to set forth a cognizable cause of action
against THE COMMISSION, GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM
and should be dismissed with prejudice.
III. QUALIFIED IMMUNITY
To the extent that Plaintiff has sued GOVERNOR CRIST and ATTORNEY GENERAL
McCOLLUM in their individual capacity, defendants are nevertheless entitled to qualified
immunity from suit. Qualified immunity of state officials is an immunity from suit; it extends
beyond just the defense to liability and includes all aspects of civil litigation. Harlow v.
Fitzgerald. 457 U.S. 800, 102 S.Ct. 2727 (1982); Anderson v. Creighton. 483 U.S. 635, 107 S.Ct.
3034, 97 L.Ed.2d 523 (1987). "[Qjualified Immunity for government officials is the rule,
liability and trials for liability the exception." Town of Southwest Ranches v. Kalam. 980 So.2d
1121 (Fla. 4th DCA 2008)(emphasis added) citing Alexander v. Univ. of N. Fla.. 39 F.3d 290
( l l th Cir. 1994). Qualified immunity is "...entitlement not to stand trial or face the other

Comment on WEDNESDAY NOTES

2010-03-18T02:35:12Z

2. Defendants GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM are
entitled to Qualified Immunity.
STATEMENT OF CASE
On February 16. 2010, Plaintiff, a pro se litigant, filed his Amended Complaint against
numerous Defendants, including THE COMMISSION, GOVERNOR CRIST and ATTORNEY
GENERAL McCOLLUM. Plaintiff attempts to allege claims for monetary damages for alleged
due process and civil right violations against GOVERNOR CRIST and ATTORNEY GENERAL
McCOLLUM merely by reason of the official positions they occupy. The nonsensical, alleged
RICO, conspiracy, civil rights and due process violations, stem from judicial action taken in a
family law court case in Broward County. Plaintiff seeks monetary damages in the amount of
"not less than seven million ($7,000,000) for each count, seven million dollars in punitive
damages, and injunctive relief "against...continued criminal prosecution against other noncustodial
parents similarly situated", and relief from the family court orders.
MEMORANDUM OF LAW
I. LEGAL STANDARD FOR MOTION TO DISMISS
The purpose of a motion to dismiss is to test the legal sufficiency of the complaint.
Ramos v. Mast. 789 So. 2d 1226 (Fla. 4th DCA 2001). The trial court may not look beyond the
four corners of a complaint when ruling on a motion to dismiss. Id. at 1227. See also Provence
v. Palm Beach Taverns. Inc.. 676 So.2d 1022 (Fla. 4DCA 1996)(The primary purpose of a
motion to dismiss is to request the trial court to determine whether the complaint properly states
a cause of action upon which relief can be granted.) Litigants at the onset of a suit must be
compelled to state their pleadings with sufficient particularity for a defense to be prepared.
Arky. Freed. Stearns. Watson. Greer. Weaver & Harris, P.A. v. Bowmar Instrument Corp.. 537

Comment on WEDNESDAY NOTES

2010-03-18T02:33:53Z

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
BROWARD COUNTY, FLORIDA
AUGUST GSELMAN, JR.,
Plaintiff,
vs.
AMELIA ESPINOSA,
JUDGE SUSAN ARAMONY,
GENERAL MAGISTRATE MELINDA BROWN,
FLORIDA JUDICIAL QUALIFICATIONS COMMITTEE,
FLORIDA ATTORNEY GENERAL BILL MCCOLLUM,
FLORIDA GOVERNOR CHARLIE CRIST,
Defendants.
CIVIL DIVISION
CASE NO.: 09-06994804
FLORIDA JUDICIAL QUALIFICATIONS COMMISSION,
FLORIDA GOVERNOR CHARLIE CRIST
AND FLORIDA ATTORNEY GENERAL BILL McCOLLUM'S
MOTION TO DISMISS AMENDED CMPLAINT
WITH PREJUDICE
AND MEMORANDUM OF LAW
Defendants, FLORIDA JUDICIAL QUALIFICATIONS COMMISSION1 ("THE
COMMISSION"), FLORIDA GOVERNOR CHARLIE CRIST ("GOVERNOR CRIST") and
FLORIDA ATTORNEY GENERAL BILL McCOLLUM ("ATTORNEY GENERAL
McCOLLUM"), by and through undersigned counsel and pursuant to Fla.R.Civ.P. 1.140, hereby
file this Motion to Dismiss Plaintiffs Amended Complaint with Prejudice and as grounds
therefore state as follows:
1. Pro Se Plaintiff fails to comply with the Florida Rules of Civil Procedure and fails
to state a cause of action.
Incorrectly identified by Plaintiff as, "Florida Judicial Qualifications Committee".
1

Comment on WEDNESDAY NOTES

2010-03-18T02:31:29Z

4. The Motion to Dismiss With Prejudice was granted and the Final Order of
Dismissal With Prejudice was entered on February 16, 2010 as to both Judge Aramony and
Magistrate Brown based on Absolute Judicial Immunity. (See Exhibit "A" attached hereto.)
5. After the hearing, and after the case was dismissed with prejudice as to both
Judge Aramony and Magistrate Brown, the Pro Se Plaintiff went to the clerk's office and filed an
"amended" complaint against said Defendants.
6. The Pro Se Plaintiffs "amended" complaint should be stricken as moot as the
case was dismissed with prejudice as to Judge Aramony and Magistrate Brown.
7. Judicial immunity affords absolute protection against a claim for money damages.
Mireles v. Waco. 502 U.S. 9 (1991) 112 S.Ct. 286, 116 L.Ed. 2d 9 (1991). Like other types of
official immunity, judicial immunity is an immunity from the actual lawsuit and cannot be
negated by claims of malice or bad faith. Mireles. 502 U.S. at 11, 112 S.Ct. at 288 (citations
omitted). "Such immunity applies 'however erroneous the act may have been and however
injurious in its consequences it may have proved to the plaintiff" Cleavinger v. Saxner. 474 U.S.
193, 199-200, 106 S.Ct. 496, 500, 88 L.Ed. 2d 507 (1985) (quoting Bradley. 13 Wall, at 347).
WHEREFORE, Defendants, JUDGE ARAMONY and GENERAL MAGISTRATE
BROWN, respectfully request that this Court enter an order striking the Plaintiffs "Amended"
Complaint, and requests any other relief this court deems proper and just.
Respectfully submitted.
BILL McC
ATT
MONICA^SAElNDO STINSON
Assistant Attorney General
Florida Bar No.: 145785