Robert M. Rogers v. Jackson County, Florida, et al.

From the 11th Circuit Court of Appeals Opinion in Case No. 23-11732, affirming the District Court’s Order, denying a rehearing, the Petitioner presents the following question for review and consideration: Does the 1923 Florida Supreme Court embezzlement Case of Kirkland v State, 86 Fla. 64, 97, So. 502 (1923) excuse Jackson County’s acquiescence to County Commissioner Peacock to create a custom or practice to deny Due Process for the Plaintiffs right to be heard? This question is central to the District Court’s judgment and Appeals Court’s affirmation, excusing Respondent Jackson County Board of County Commissioners from the actions of County Commissioner Respondent James D. Peacock. Florida Court Cases that apply Kirkland v. State deal with misuse of an official office for personal gain. In the 1966 Case of Padgett v. Bay County, the 1st District Court of Appeals of Florida recognized that context matters and held that: “The cited case of Kirkland v. State, 86 Fla. 64, 97, So. 502 (1923) has no application to the case at bar.” “In the case before us, the Commissioner in whose district the questioned work was done, did not derive any monetary or other compensation thereof.” The District and Appeals Courts’ holding otherwise, as in their recorded opinion, is ripe for abuse.