DeMartini v. Town of Gulf Stream, No. 17-14177 (11th Cir. 2019)
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The Eleventh Circuit affirmed the district court's grant of summary judgment to the town on plaintiff's 42 U.S.C. 1983 First Amendment retaliation claim and to Wantman on the Florida malicious prosecution claim. In a prior lawsuit, the town and its contractor, Wantman, filed suit against the plaintiff in this case under the Racketeer Influenced and Corrupt Organizations Act (RICO) for a fraud and extortion scheme. After the prior lawsuit was ultimately dismissed, plaintiff then filed this action.
The court held that, as with section 1983 First Amendment retaliation claims arising in the criminal prosecution and arrest context, the presence of probable cause will generally defeat a section 1983 First Amendment retaliation claim based on a civil lawsuit as a matter of law. Furthermore, the court held that the town had probable cause to file the civil RICO lawsuit. In this case, plaintiff and others sustained a pattern of abusive requests and lawsuits against the town and the town's elected officials had a legitimate, objective reason to take legal action in response to the conduct. Finally, the court held that the district court properly granted summary judgment to Wantman on plaintiff's malicious prosecution claim because Wantman, like the town, had probable cause to file the RICO suit against her.
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