Florida Corruption

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Tallahassee watch-dog files federal lawsuit against officials

Subpoenas have been issued on officers that targeted journalist and his wife

July 11, 2014

by Timothy Charles Holmseth

Rob and Stephanie Brayshaw have filed a federal lawsuit in The United States Northern District Court against several public officials including Leon County Sheriff Larry Campbell and Okaloosa County Sheriff Larry Ashley, citing a litany of rights violations.

The 16-page Complaint was filed in the late evening on July 8, 2014, by Marie A. Mattox, PA., the law firm representing Rob and Stephanie Brayshaw.

Their lawsuit alleges the Brayshaw's were illegally targeted by law enforcement for various constitutional and civil rights violations, in response and retaliation to Rob Brayshaw exercising his First Amendment rights for exposing the local city and police corruption, which is a violation of federal law.

“Subpoenas were issued on Thursday regarding the individual officers being sued in the civil rights lawsuit and this is the fourth federal lawsuit that I've had to file in four years against Tallahassee Police to protect my constitutional and civil rights,” Rob Brayshaw said.

Jurisdiction of the Brayshaw’s suit falls under 42 U.S.C. 1983 and 1988, the Driver’s Privacy Protection Act of 1994 (DPPA), 18 U.S.C., the Fourth Amendment, the Fourteenth Amendment, and other protection granted by the United States Bill of Rights.

The suits sets forth facts and circumstances explaining how resources of the Tallahassee Police Department were illegally used to have various publications, lawfully published by Brayshaw, removed from the Web. The suit also alleges a law enforcement system – Driver and Vehicle Information Database (DAVID) was used repeatedly to run the Brayshaws’ name and violate their privacy – in violation of law.

The Brayshaw’s are suing for an amount exceeding $75,000.

“My wife and I have serious concerns about the illegal actions being taken by Florida authorities and we will sue at any time that we feel violated to expose these corrupt actions,” Brayshaw said.

Prior federal lawsuits filed show that Tallahassee Police Officers Mike Dilmore and Annette Garrett have attempted to falsely arrest Rob Brayshaw and remove his postings of legal criticism. Federal Judge Richard Smoak ruled in April 2010 that Brayshaw's speech was protected with no less protection of a media reporter stating that he was falsely arrested for merely publishing a cop's home address. The Florida Statute of 843.17 from 1972 was found to be unconstitutional in his legal challenge of the nearly 40-year old law that was improperly used and unconstitutional as written. Brayshaw has been a contributor to numerous civil rights groups and publications.

The case is being heard by Honorable Judge Robert Hinkle.

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