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February 9, 2010 |
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| December 12, 2008 |
By: Jordana Mishory |
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federal judge has dismissed a lawsuit by disgruntled former Broward County Judge Jay Spechler after he was ejected from the main courthouse in Fort Lauderdale by Chief Circuit Judge Victor Tobin.
Chief U.S. District Judge Federico Moreno in Miami ruled the role of chief judge gave Tobin the discretion to reassign judges, giving him immunity from such lawsuits. He also ruled Spechler lost standing to sue by resigning after Tobin acted.
Spechler’s injuries could not be traced to Tobin’s actions, Moreno said in a 18-page order Wednesday.
“Rather plaintiff’s own actions are what brought him injury,” Moreno wrote. “Certainly, plaintiff failed to ‘act reasonably’ by choosing to resign within one business day.”
Moreno rejected Spechler’s claim that the reassignment to satellite courthouses was a constructive discharge.
Spechler could have taken his grievances to the state Supreme Court for review but didn’t even wait until a new docket was established for him, Moreno wrote.
Tobin banished Spechler from the courthouse in March and assigned him to handle traffic and parking ticket dockets at satellite courthouses — an assignment Spechler referred to as “bogus” and non-existent.
He resigned effective immediately to join the mediation firm Center for Conflict Resolution in North Miami.
In July, Spechler claimed wrongful termination and false light, claiming Tobin’s lack of comments to the press gave him a bad image. He also alleged Tobin unconstitutionally barred him from accessing the downtown Fort Lauderdale courthouse.
Moreno called this allegation “not only absurd but inconsistent with the facts alleged in the complaint.”
The case filed in Broward Circuit Court was removed to federal court by the state attorney general’s office, which represented Tobin.
He declined to answer any questions about the litigation Thursday.
Spechler deferred questions to his lawyer, Robert Sweetapple of Sweetapple Sweetapple Broeker & Varkas in Boca Raton, who did not provide comment by deadline.
Jordana Mishory can be reached at jordana.mishory@incisive.com or at (954) 468-2616.
Reader's comments
terry hake said:good riddance to a disturbed miscreant Dec. 16 at 6:48 a.m. |
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