Case: Younce v. City of Jacksonville

3:22-cv-00931 | U.S. District Court for the Middle District of Florida

Filed Date: Aug. 26, 2022

Closed Date: May 16, 2023

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Case Summary

This lawsuit challenged a law of the City of Jacksonville that imposed obligations and restrictions on residents who are registered sexual offenders or predators under Florida law. Plaintiffs, two registered sexual offenders, claimed that Sections 685.104(a)(3)(ii) and (iv) of the Municipal Code of Jacksonville, which required Plaintiffs to post signs not allowing trick-or-treating on Halloween and prohibited them to put up elaborate holiday displays that could attract children (“the Ordinance”…

This lawsuit challenged a law of the City of Jacksonville that imposed obligations and restrictions on residents who are registered sexual offenders or predators under Florida law.

Plaintiffs, two registered sexual offenders, claimed that Sections 685.104(a)(3)(ii) and (iv) of the Municipal Code of Jacksonville, which required Plaintiffs to post signs not allowing trick-or-treating on Halloween and prohibited them to put up elaborate holiday displays that could attract children (“the Ordinance”) violated the First and Fourteenth Amendments. 

On August 26, 2022, Plaintiffs, represented by Florida Justice Institute, Inc., filed the lawsuit in the U.S. District Court, Middle District of Florida, Jacksonville Division, against the City of Jacksonville. Plaintiffs brought suit under First and Fourteenth Amendments to the United States Constitution and 42 U.S. C. §1983. They alleged that being forced to post signs not allowing trick-or-treating on Halloween amounts to compelled speech in violation of First Amendment, whereas the prohibition on placing holiday displays at their homes constituted a violation of the First Amendment’s guarantee to free speech. They also claimed that the Ordinance violated the Fourteenth Amendment because it was too vague and resulted in discriminatory enforcement. Plaintiffs sought declaratory judgment, preliminary and permanent injunction, compensation of damages, including compensatory and nominal damages, and attorney’s fees and costs. The case was assigned to Judge Timothy J. Corrigan and Magistrate Judge Patricia D. Barksdale.

On September 27, 2022, the U.S. District Judge Timothy Corrigan denied Plaintiffs’ motion for preliminary injunction. Upon parties’ request, on November 4, 2022, the court referred the case to the United States Magistrate Judge Patricia D. Barksdale for a settlement conference.

On May 16, 2023, the parties submitted a joint status report, stipulating that they have reached a settlement agreement, the Defendant had amended the Ordinance in accordance to the agreement and the Defendant would pay to Plaintiffs an agreed-upon amount of attorney fees to resolve the case. On June 9, the parties filed the Joint Stipulation of Dismissal with Prejudice and the Court granted the order dismissing the case on June 27, 2023. The case is now closed.

Summary Authors

Afrore Shaipi (12/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64927906/parties/younce-v-city-of-jacksonville/


Judge(s)

Corrigan, Timothy J. (Florida)

Attorney for Plaintiff

Taseff, Raymond (Florida)

Trevisani, Dante (Florida)

Attorney for Defendant

Boeckman, Laura J. (Florida)

Feiser, Craig D. (Florida)

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Documents in the Clearinghouse

Document
1

3:22-cv-00931

Verified Complaint - Injunctive and Declaratory Relief Requested, and Damages

Aug. 26, 2022

Aug. 26, 2022

Complaint
6

3:22-cv-00931

Order

Aug. 31, 2022

Aug. 31, 2022

Order/Opinion
15

3:22-cv-00931

Motion Hearing Civil Minutes

Sept. 22, 2022

Sept. 22, 2022

Other
16

3:22-cv-00931

Order

Sept. 27, 2022

Sept. 27, 2022

Order/Opinion
21

3:22-cv-00931

Order

Nov. 4, 2022

Nov. 4, 2022

Order/Opinion
23

3:22-cv-00931

Order Scheduling Settlement Conference

Nov. 10, 2022

Nov. 10, 2022

Order/Opinion
31

3:22-cv-00931

Third Joint Status Report

May 16, 2023

May 16, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64927906/younce-v-city-of-jacksonville/

Last updated Jan. 30, 2025, 10:28 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Verified) against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19933579) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Trevisani, Dante) (Entered: 08/26/2022)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Aug. 26, 2022

Aug. 26, 2022

Clearinghouse
2

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Ordinance 2015-214-E, # 2 Exhibit 2 - Ordinance 2016-233-E, # 3 Exhibit 3 - Section 685.104, # 4 Exhibit 4 - News Story, # 5 Appendix 5 - JSO Halloween Bulletin)(Trevisani, Dante) (Entered: 08/26/2022)

1 Exhibit 1 - Ordinance 2015-214-E

View on PACER

2 Exhibit 2 - Ordinance 2016-233-E

View on PACER

3 Exhibit 3 - Section 685.104

View on PACER

4 Exhibit 4 - News Story

View on PACER

5 Appendix 5 - JSO Halloween Bulletin

View on PACER

Aug. 26, 2022

Aug. 26, 2022

Clearinghouse
3

NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Patricia D. Barksdale. New case number: 3:22-cv-0931-TJC-PDB. (SJB) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
4

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KKH) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
5

SUMMONS issued as to City of Jacksonville. (JDR) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER

Case Assigned/Reassigned

Aug. 29, 2022

Aug. 29, 2022

PACER

Notice to Counsel of Local Rule

Aug. 29, 2022

Aug. 29, 2022

PACER
6

ORDER re 2 Plaintiffs' Motion for Preliminary Injunction. No later than 9/7/2022, Plaintiffs shall file a proposed order pursuant to Local Rule 6.02 and email a copy in Word format to chambers_flmd_corrigan@flmd.uscourts.gov. No later than 9/14/2022, Defendant shall file a response to the Motion for Preliminary Injunction. The Court has reserved 9/22/2022 at 10:00 A.M. for a non-evidentiary in-person hearing in Courtroom 10D. See Order for details. Signed by Judge Timothy J. Corrigan on 8/31/2022. (RMV) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

Clearinghouse
7

NOTICE of Appearance of Co-Counsel by Craig D. Feiser on behalf of City of Jacksonville (Feiser, Craig) (Modified on 9/6/2022 to edit docket text) (JDR). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
8

NOTICE of Appearance of Co-Counsel by Laura J. Boeckman on behalf of City of Jacksonville (Boeckman, Laura) (Modified on 9/6/2022 to edit docket text) (JDR). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER

REFUND for duplicate payment. Receipt number AFLMDC-19933491 refunded in the amount of $ $402.00 paid to Dante Trevisani.. (NLC)

Sept. 2, 2022

Sept. 2, 2022

PACER

Disbursement Voucher / Refund

Sept. 2, 2022

Sept. 2, 2022

PACER
9

RETURN of service executed on 09/01/2022 as to City of Jacksonville, Florida by Kenneth W. Greene, Dionne Younce (Taseff, Raymond) (Modified on 9/7/2022 to edit docket text) (JDR). (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
10

NOTICE of Filing Proposed Order by Dionne Younce (Attachments: # 1 Text of Proposed Order)(Taseff, Raymond) Modified text on 9/9/2022 (BD). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
11

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by City of Jacksonville. (Attachments: # 1 Exhibit A - Criminal dockets, # 2 Exhibit B - 2010 Ordinance, # 3 Exhibit C - Declaration)(Feiser, Craig) (Entered: 09/14/2022)

1 Exhibit A - Criminal dockets

View on RECAP

2 Exhibit B - 2010 Ordinance

View on PACER

3 Exhibit C - Declaration

View on RECAP

Sept. 14, 2022

Sept. 14, 2022

Clearinghouse
12

Unopposed MOTION for Leave to File Other Document :Reply by All Plaintiffs. (Taseff, Raymond) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
13

ENDORSED ORDER granting 12 Plaintiffs' Unopposed Motion for Leave to File Reply. The Plaintiffs' reply, limited to 7 pages, shall be filed no later than 9/19/2022. Signed by Judge Timothy J. Corrigan on 9/16/2022. (RMV) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER

Order on Motion for Leave to File Document

Sept. 16, 2022

Sept. 16, 2022

PACER
14

REPLY to Response to 2 MOTION for Preliminary Injunction filed by All Plaintiffs. (Taseff, Raymond) Modified text on 9/20/2022 (BD). (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
15

MINUTE ENTRY. In Person Proceedings held before Judge Timothy J. Corrigan: MOTION HEARING held on 9/22/2022 re: 2 MOTION for Preliminary Injunction. Order to enter. Court Reporter: Shannon Bishop (KKH) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

Clearinghouse
16

ORDER denying 2 Plaintiffs' Motion for Preliminary Injunction; directing Defendant to answer 1 the Complaint no later than 10/31/2022; directing the parties to jointly file a Case Management Report and inform the Court re: mediation or settlement conference no later than 10/31/2022. Signed by Judge Timothy J. Corrigan on 9/27/2022. (RMV) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

Clearinghouse
17

CERTIFICATE of interested persons and corporate disclosure statement by City of Jacksonville. (Feiser, Craig) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
18

CERTIFICATE of interested persons and corporate disclosure statement by Kenneth W. Greene, Dionne Younce. (Trevisani, Dante) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
19

CASE MANAGEMENT REPORT. (Taseff, Raymond) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
20

ANSWER and affirmative defenses to 1 Complaint, by City of Jacksonville.(Feiser, Craig) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
21

ORDER referring this case to the Honorable Patricia D. Barksdale, United States Magistrate Judge, to conduct a settlement conference. See order for details. Signed by Judge Timothy J. Corrigan on 11/4/2022. (KKH) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

Clearinghouse
22

VACATED per 25 Order CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/1/2022; Plaintiff disclosure of expert report due by 1/10/2023; Defendant disclosure of expert report due by 2/10/2023; Discovery deadline is by 6/9/2023; Dispositive and Daubert motions due by 7/14/2023; Pretrial statement due by 11/14/2023; All other motions due by 11/14/2023; Final Pretrial Conference set for 11/20/2023 at 10:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan; Jury Trial set for trial term commencing 12/4/2023 at 9:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 11/7/2022. (KKH) Modified text on 1/12/2023 (BD). (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
23

ORDER scheduling a settlement conference for 1/11/2023 at 10:00 AM in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. No later than 1/6/2023, each party must submit to the undersigned a confidential letter. Signed by Magistrate Judge Patricia D. Barksdale on 11/10/2022. (ASL) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

Clearinghouse
24

ORDER rescheduling the settlement conference (as to time only) to 1/11/2023 at 11:00 a.m. in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. Signed by Magistrate Judge Patricia D. Barksdale on 1/4/2023. (Attachment: # 1 email to chambers)(ASL) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
26

MINUTE entry for the in-person settlement conference held on 1/11/2023 before Magistrate Judge Patricia D. Barksdale: The parties settled the case in substance and are continuing discussions on attorney's fees. (digital) (ASL) (Entered: 01/12/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
25

ORDER vacating the deadlines in the case management and scheduling order and directing the parties to file a status report by February 10, 2023. Signed by Magistrate Judge Patricia D. Barksdale on 1/12/2023. (VNG) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
27

Joint STATUS report by City of Jacksonville. (Feiser, Craig) Modified text on 2/13/2023 (BD). (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
28

ORDER directing the parties to file a status report by March 21, 2023. Signed by Magistrate Judge Patricia D. Barksdale on 3/7/2023. (VNG) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER
29

Second Joint STATUS Report by City of Jacksonville. (Feiser, Craig) Modified text on 3/21/2023 (BD). (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
30

ORDER directing the parties to file a status report by May 17, 2023. Signed by Magistrate Judge Patricia D. Barksdale on 4/27/2023. (VNG) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
31

Third Joint STATUS Report by Kenneth W. Greene, Dionne Younce. (Trevisani, Dante) Modified text on 5/17/2023 (BD). (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

Clearinghouse
32

ORDER re 27 29 31 Status Reports, directing the parties to file a joint motion for dismissal or other appropriate documents to close out the file by 7/17/2023. The Clerk should terminate all pending motions and deadlines and close the file. Signed by Judge Timothy J. Corrigan on 5/18/2023. (RMV) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
33

Stipulation of Dismissal

June 9, 2023

June 9, 2023

PACER
34

Order

June 27, 2023

June 27, 2023

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 26, 2022

Closing Date: May 16, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two registered sexual offenders.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Jacksonville, City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Other