United States District Judge Brian J. Davis
On February 13, 2015, United States District Judge Brian J. Davis DISMISSED St. Johns County Sheriff's Deputy JEREMY BANKS' lawsuit against FDLE investigator Rusty Ray Rodgers.
Counts I,II,III,V and VI of the case were dismissed for failure to state a claim upon which relief may be granted under the civil rights laws and Federal Rule of Civil Procedure 12(b)(6). This ends the case against Rodgers. Counts IV and VII remain, for the moment, against the Florida Department of Law Enforcement, which has its own counsel.
The case alleges that Agent Rogers violated BANKS' civil and constitutional rights in the investigation of the shooting death of Michelle O'Connell in BANKS' home on September 2, 2010, some 1542 days ago.
Florida Governor Richard Lynn Scott appointed a special prosecutor in the case last year in the wake of revelations by The New York Times, PBS Frontline, Dateline NBC and Dr. Phil.
In dismissing the case, Judge Davis scored the "shotgun nature of the complaint" and the "conclusory and argumentative allegations." Judge Davis found the allegations "implausible." In granting Agent Rodgers' (12)(b)(6) motion, he found that the "facts" asserted in the complaint and even if true do not constitute a civil rights violation because there was no lack of "probable cause" to believe that BANKS committed a crime.
Deputy BANKS may refile his complaint with a "short and plain statement" setting forth more details by March 5, 2015, or the case will go away.
Judge Brian Davis, an African-American former prosecutor and state court, is holding a case status conference in his courtroom on March 20, 2015 at 9AM in Courtroom 12C, Bryan Simpson United States Courthouse in Jacksonville, Florida. (No cellphones allowed in Federal Courthouses).
Deputy JEREMY BANKS is represented by St. Johns County Sheriff DAVID BERNARD SHOAR's crony, plaintiff's personal injury lawyer MAC McLEOD, who made a poor impression on national television with JEREMY BANKS on the Dr. Phil show. Agent Rodgers is represented by the law firm headed by William Sheppard, a veteran Florida civil rights plaintiff's attorney. BANKS' complaint did not even require oral argument, which was denied by Judge Davis' order.
4 comments:
I know Rusty Rodgers personally and I feel the only thing he is guilty of is refusing to go along with the coverup by Sheriff Shoar and the St John's Sheriff's Dep't.Also I cannot understand why This Department has not been censored by the state for failing to conduct a investigation and protect the crime scene the night of the shooting.They violated so many legal procedures.Hopefully the new special prosecuter will do a more thorough job than Brad King did with his dog and pony show.He diminished the state if Fla.with his joke of a independent investigation.One may think he was also part of the cover up.The state of Fla,proud as we are deserves so much better than this.
This was a very unprofessional investigation by the Sheriff's dept..The new evidence proves that Jermey Banks was drunk, beat and killed his girlfriend...he still wears a uniform and patrols the streets of St.Augastine OMG!!!!
Obviously, they protect their own in St. Augustine. How could they have concluded suicide when ALL evidence points to HOMICIDE?!? To think Jeremy Banks is still in law enforcement is beyond reprehensible!! Were his hands even tested for GSR??? It is both disgusting and heartbreaking that this case was "investigated" with such bias. This beautiful mother will never be able to rest in piece until this monster is brought to justice. Shame on all involved who covered up this horrific murder!!
If gsr wasn't performed on Jeromy banks hands and he wasn't investigated after admitting him and Michelle O'Connell. Had fought and broke up right before she died or more specifically he killed her is beyond a travesty of justice. Get this man off the streets and in prison where he belongs
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