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Complaint - Joseph - To FILE
Complaint - Joseph - To FILE
Plaintiff,
v. Case No.
Defendant.
/
COMPLAINT
DECLARATORY RELIEF REQUESTED
COMES NOW, Krista Joseph, and complains and alleges against the
defendants as follows.
St. Johns County Board of County Commissioners, has the First Amendment
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County, Florida.
subdivision of the State of Florida. The St. Johns County Board of County
opinion of outside counsel in this matter and the entity most likely to refer
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Constitution and laws of the United States. This Court additionally has
because this is an action to redress the deprivation, under color of State law,
1391 because both defendants reside in this judicial district. Venue is also
of the events or omissions giving rise to the claims occurred in this judicial
district.
which St. Johns County residents may be dissatisfied. She then stated that
an election was scheduled for August 2024, and that three seats on the
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Commissioner Joseph for her speech. The County Commission also voted to
attorney of St. Johns County concluding that Commissioner Joseph had likely
“options” that noted the matter could be referred to the State Attorney for
Commissioner Joseph, from using her official authority or influence “for the
of the criminal offenses embraced by its terms.” This is because the purpose
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of the statute is “to prevent corruption of the election process, not to limit
concluded “that the affixing of a public officer’s official title to an open letter
[per se] or standing alone, violate § 104.31(1)(a) since such conduct does not
itself evince a corrupt use of official authority or influence for the purpose of
(a), “as construed in this opinion, does not appear to infringe upon any
officers.”
This was because “the only reason she could speak during the
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used her official authority or influence because those who heard her
16. Under this analysis, Commissioner Joseph would equally use her
public speech in which she was identified as holding the position of county
commissioner.
Incumbent Commissioners.”
19. While outside counsel’s legal opinion does not discuss Attorney
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1978-133.
20. Accordingly, under the legal opinion of outside counsel for the
that she advocates that voters vote out an incumbent commissioner; (b)
that she is a county commissioner and she advocates that voters vote out an
incumbent commissioner.
21. On information and belief, the St. Johns County Board of County
described above.
the legal opinion of the outside counsel for the St. Johns County Board of
to the citizens of St. Johns County in connection with the primary election
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scheduled for August 2024, including her preference that voters vote out
2024 election, including her preference that voters vote out incumbent
of county commissioner.
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state courts, litigation over that matter is likely to take significant time. And
there is some risk the state courts would agree with the legal opinion of
declaration of her First Amendment rights after having lost the opportunity
to participate in the political discussion for several months when the political
Amendment right to make her political views known to the citizens of St.
Johns County in connection with the primary election scheduled for August
2024, including her preference that voters vote out incumbent commissioners,
commissioner.
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for a declaratory judgment that she has a right protected by the First
known to the citizens of St. Johns County in connection with the primary
election scheduled for August 2024, including her preference that voters vote
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