Proposed Order Granting Permanent Injunction1

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
KELLY RIZZO, as surviving spouse of

decedent ROBERT L. SAGET, and AUBREY
SAGET, LARA SAGET, and JENNIFER
SAGET, as surviving daughters of decedent
ROBERT L. SAGET,
Plaintiffs, CASE NO.: 2022-CA-1351-O
v.
JOHN W. MINA, in his official capacity as

Sheriff of Orange County, Florida, and the
DISTRICT NINE MEDICAL EXAMINER’S
OFFICE, a Florida public agency,
Defendants.
______________________________________/
ORDER GRANTING PERMANENT INJUNCTION
THIS CAUSE comes before this Court on Plaintiffs’ Complaint seeking entry of a
Permanent Injunction filed by Plaintiffs, KELLY RIZZO, as surviving spouse of decedent
Robert L. Saget and AUBREY SAGET, LARA SAGET, and JENNIFER SAGET, as surviving
daughters of Robert L. Saget (“Mr. Saget”), (collectively, “Plaintiffs”), against the Defendants,
JOHN W. MINA, in his official capacity as Sheriff of Orange County, Florida, and the
DISTRICT NINE MEDICAL EXAMINER’S OFFICE, a Florida public agency (collectively,
“Defendants”), to permanently enjoin Defendants from releasing certain photographs, video
recordings, audio recordings, and other statutorily protected information (the “Records”) related
to the death, death investigation, or autopsy of Mr. Saget.
THE COURT HEREBY FINDS AND CONCLUDES AS FOLLOWS:
1. Plaintiffs’ Complaint seeks a permanent injunction enjoining Defendants from
releasing or disseminating, either voluntarily or in response to any public records requests,

certain photographs which depict Mr. Saget and his personal effects, video recordings, audio
recordings, all statutorily protected autopsy information, and all other statutorily protected
information (the “Protected Records” or “Records”) related to the death, death investigation, and
autopsy of ROBERT L. SAGET, as the Protected Records are exempt from the general
provisions of Florida public records law Section 119.07(1), Florida Statutes, under Sections
406.135 and 382.008, Florida Statutes.
2. On February 16, 2022, this Court entered a Temporary Injunction sub judice.
3. A mandatory injunction is properly issued where the Plaintiffs demonstrate that:
(1) they will suffer irreparable harm; (2) they have a clear legal right or interest in the subject
matter of the suit; (3) they have no adequate remedy at law. Liberty Counsel v. Fla. Bar Bd. of
Governors, 12 So. 3d 183, 186 n.7 (Fla. 2009); see also Hollywood Towers Condo. Ass'n, Inc. v.
Hampton, 40 So. 3d 784, 786 (Fla. 4th DCA 2010).
4. The Court finds Plaintiffs have made a proper showing by their verified pleading
of all elements entitling them to a permanent injunction in this matter. Specifically, the Court
finds that Plaintiffs will suffer irreparable harm in the form of severe mental pain, anguish, and
emotional distress if the requested permanent injunction is not granted, that Plaintiffs have a
clear legal right or interest in the Protected Records as the surviving spouse and children of Mr.
Saget, that Plaintiffs have no adequate remedy at law should the Protected Records be released.
5. While the Court is mindful of the public’s interest in ensuring the transparency of
governmental action, Plaintiffs’ have established their clear legal right under Sections 406.135
and 382.008, Florida Statutes, to the confidentiality of the Protected Records, their clear
standing and privacy rights under Article I, Section 23, Florida Constitution, the irreparable harm
they will suffer without permanent injunctive relief, that there is no adequate remedy at law, and
2
that the public interest favors entry of a permanent injunction. The Plaintiffs are entitled to the
dignity, respect, privacy and confidentiality guaranteed by Sections 406.135 and 382.008,
Florida Statutes, and Article I, Section 23, of the Florida Constitution. Accordingly, the Court
enters this permanent injunction to uphold and enforce Sections 406.135 and 382.008, Florida
Statutes, and Plaintiffs’ statutory and constitutional privacy rights, and enjoins the Defendants
from releasing or disseminating, either voluntarily or in response to any public records request,
any of the Protected Records.
IT IS HEREBY ORDERED AND ADJUDGED that:
6. Judgment is entered in favor of Plaintiffs for entry of a Permanent Injunction
against Defendants enjoining access by the public, or the media, or any individual or entity other
than the Sheriff’s Office or Medical Examiner, in furtherance of their official duties, to the
Protected Records in the Defendants’ possession.
7. Defendant, JOHN W. MINA, in his official capacity as Sheriff of Orange County,
and any other public agency or employee having access to the Protected Records, and actual
notice of this Final Order of Permanent injunction, are hereby ENJOINED from releasing the
specified1 photographs and portions2 of the officers’ four (4) body worn camera video recordings
that graphically depict Mr. Saget and those which depict his personal effects, whether voluntarily
or in response to any public records requests.
8. Defendant, DISTRICT NINE MEDICAL EXAMINERS OFFICE, and any other
public agency or employee having access to the Protected Records, and actual notice of this Final
1
There are a total of one hundred and forty-seven (147) photographs in Defendants’ possession which have been
reviewed by Plaintiffs’ counsel (per this Court’s February 28, 2022 Order); ninety (90) photographs are in the
Protected Records category, fifty-seven (57) are not.
2
The first forty (40) seconds of these videos are not in the protected Records category, the balance of the videos are
in the Protected Records category (Section 119.071(2)(l), Florida Statutes).
3
Order, are hereby ENJOINED from releasing all statutorily protected autopsy information3
pursuant to 406.135 Florida Statutes.
9. This Permanent Injunction shall be binding on the parties to this action, their
officers, agents, servants, employees, and attorneys and on those persons in active concert or
participation with them who receive actual notice of the injunction.
10. This Court finds that as a matter of law that there exists a lesser public interest in
the disclosure of the Protected Records than the privacy and statutory rights of Plaintiffs. There
is a legitimate public interest in government accountability in the performance of the Sheriff’s
Office and the Medical Examiner. However, in this case, there is no ongoing criminal
investigation. The Defendants have conducted thorough investigations, and there are no
allegations of incompetence or misconduct in their respective roles.
11. The Temporary Injunction entered on February 16, 2022 is hereby dissolved and
superseded by this Permanent Injunction. The $1,000 cash bond posted by the Plaintiffs on
February 16, 2022 in connection with the Temporary Injunction is hereby discharged and the
$1,000 cash bond shall be returned by the Clerk to the Plaintiffs forthwith.
12. The Court reserves jurisdiction over the parties and this matter to enforce this
Permanent Injunction.
DONE AND ORDERED this 14th day of March, 2022, in Orlando, Orange County,
Florida.
___________________________________
HONORABLE VINCENT S. CHIU
CIRCUIT COURT JUDGE
3
Defendant released its thirteen (13) page Autopsy Report on February 10, 2022, which is a Public Record not in the
Protected Records Category and balances the Plaintiffs’ privacy rights with the least intrusive means for the public
to evaluate government performance sub judice. Defendant’s Investigative Report is also a Public Record, but same
contains certain personal information of the Plaintiffs’ which is private and should be redacted if released.
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this __ day of March, 2022, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which will complete
service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of
record. I further certify that a copy of the foregoing has been furnished via email delivery to:
Brian H. Bieber, Esq. ([email protected])
John M. Brennan, Esq. ([email protected])
John A. Boudet, Esq. ([email protected])
J. Lucien Johnson, Esq. ([email protected])
Austin M. Krtausch, Esq. ([email protected])
Austin Moore, Esq. ([email protected])
Elaine M. Asad, Esq. ([email protected])
__________________
Judicial Assistant/Attorney

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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

KELLY RIZZO, as surviving spouse of

Plaintiffs, CASE NO.: 2022-CA-1351-O

JOHN W. MINA, in his official capacity as

ORDER GRANTING PERMANENT INJUNCTION

Permanent Injunction filed by Plaintiffs, KELLY RIZZO, as surviving spouse of decedent

DISTRICT NINE MEDICAL EXAMINER’S OFFICE, a Florida public agency (collectively,

“Defendants”), to permanently enjoin Defendants from releasing certain photographs, video

to the death, death investigation, or autopsy of Mr. Saget.

THE COURT HEREBY FINDS AND CONCLUDES AS FOLLOWS:

1. Plaintiffs’ Complaint seeks a permanent injunction enjoining Defendants from

releasing or disseminating, either voluntarily or in response to any public records requests,

406.135 and 382.008, Florida Statutes.

3. A mandatory injunction is properly issued where the Plaintiffs demonstrate that:

Hampton, 40 So. 3d 784, 786 (Fla. 4th DCA 2010).

any of the Protected Records.

IT IS HEREBY ORDERED AND ADJUDGED that:

6. Judgment is entered in favor of Plaintiffs for entry of a Permanent Injunction

Protected Records in the Defendants’ possession.

7. Defendant, JOHN W. MINA, in his official capacity as Sheriff of Orange County,

or in response to any public records requests.

8. Defendant, DISTRICT NINE MEDICAL EXAMINERS OFFICE, and any other

pursuant to 406.135 Florida Statutes.

participation with them who receive actual notice of the injunction.

is a legitimate public interest in government accountability in the performance of the Sheriff’s

allegations of incompetence or misconduct in their respective roles.

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