Latest news with #FifthDistrictCourtofAppeals
Yahoo
23-05-2025
- Politics
- Yahoo
Editorial: In Florida, denying access to abortion — again
Florida's harsh restrictions on abortion just took a turn for the worse. Last week, a state appeals court struck down a safety net created to protect pregnant teenagers who want an abortion — but are afraid or otherwise reluctant to seek their parents' consent. The decision was strange, from several perspectives. But the bottom line is this: Instead of simply upholding a trial court's ruling that denied the girl (identified as 'Jane Doe') an abortion, a three-judge panel of the Fifth District Court of Appeals brewed up a bizarre legal theory that the 14th Amendment to the U.S. Constitution guarantees parents the right to exercise 'care, custody and control' of their children. Oddly enough, those words — or any mention of parental rights — appear nowhere in the 14th Amendment, which is also known as the 'Due Process' amendment. This may seem like a lot of legal mumbo-jumbo, but it has serious implications: The appellate judges stripped away a major provision of Florida's parental consent law — one that many believe was essential to passing the law in the first place. Certainly, most underage girls should have the support and consent of their parents when contemplating such a drastic action. But the court ignored the grim reality that some teens have good reason to fear telling their parents they are pregnant and why. It could be incest, abuse or family alienation. For those girls, the law allows them to seek permission from a circuit judge to terminate a pregnancy without their parents' knowledge. It's not an easy case to make. Girls must prove that they are mature enough to make the decision, and explain why they don't want their parents notified. Last year, only 130 teens petitioned for abortion access. Courts granted 121 of those petitions — including some filed in the state's most conservative counties. Voters clearly understood the need for a safety valve when they approved an amendment that wrote the parental notification law into the state Constitution. This decision is a travesty. Parents now have more rights over a child's body in Florida than an adult woman has over her own body. The judges rationalized that any special consideration for minors ended when the U.S. Supreme Court repealed Roe v. Wade and the Florida Supreme Court followed suit. It's doubtful that Florida's high court, stacked with anti-abortion justices, would overturn this terrible decision. But an appeal could go up to the U.S. Supreme Court, because the decision invoked the U.S. Constitution. We hope the justices there have more respect for Florida's law than the state officials who are sworn to uphold it. And that leads to the last disturbing wrinkle in this case — the role played by James Uthmeier, recently appointed by Gov. Ron DeSantis as the replacement for former Attorney General Ashley Moody. Under Florida law, Uthmeier is charged with defending state statutes and its constitution. Why, then, was he arguing for the judicial workaround to be declared unconstitutional — despite the fact that it was literally enshrined in the Florida Constitution? He has not responded to the Sun Sentinel as to why. The legal briefs and other documents in the case are sealed unless a judge releases them. Floridians also lack a good explanation for an earlier appellate-court ruling, this one heard by the First District Court of Appeal, that appears to lay the groundwork for the decision released last week. The First District panel inventively said it could not accept jurisdiction of that teen's appeal because the law provided no opportunity for anyone to argue against her. Judge Bradford Thomas wrote that if the court had jurisdiction, it should nullify the judicial bypass law. It was a cue to other courts, DeSantis and the attorney general. The Fifth District seized on it, and set a course of jaw-dropping judicial activism. The attorneys for 'Jane Doe' should appeal last week's decision, though any further rulings will probably be too late for the teen in question. But it could mean the world for desperate girls who need protection — protection that the state Legislature and the voters of Florida have guaranteed them, and that should not be casually tossed away. The Orlando Sentinel Editorial Board includes Executive Editor Roger Simmons, Opinion Editor Krys Fluker and Viewpoints Editor Jay Reddick. The Sun Sentinel Editorial Board consists of Executive Editor Gretchen Day-Bryant, Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney and editorial writers Pat Beall and Martin Dyckman. Send letters to insight@
Yahoo
23-04-2025
- Yahoo
Shooting death of pet dog, Scooby, could cost Fresno County taxpayers $2 million
The fatal shooting of a beloved pet is expected to cost Fresno County's taxpayers at least $2 million after an appeals court ruling upheld a lower court's decision that sheriff's deputies violated the owner's rights and unnecessarily killed the dog. In 2023, a jury awarded Veronica Ordaz Gonzalez and her boyfriend, Jose Ramos Santiago, $800,000 in damages after Fresno County sheriff's deputies entered their home without consent and shot 4-year-old Scooby while investigating a case of vandalism. The county appealed the decision to California's Fifth District Court of Appeals, but lost last Wednesday. In addition to the damages, Ordaz Gonzalez was awarded nearly $830,000 in attorney fees in August 2023. The Fresno County Superior Court ruled deputies violated the Bane Act, a civil code meant to protect against threats, intimidation, an inference of threat or coercion. Ordaz Gonzalez's attorney, Nolan Kane, estimated that the total paid out by the county for the case would eclipse $2 million, with appeals court fees expected to be at least $400,000. "I'm all for law enforcement protecting us and doing things properly, but this instance seemed to be a family dispute," Kane said. "Certainly there are some circumstances where they need to hurry, but they rushed here and acted unnecessarily." In a statement, the office of Fresno County Counsel, which represented the county and the sheriff's department, said "the county understands the sensitivity of the case." "However, it remains convinced that the officers acted appropriately in response to a threat," the statement read. "The county respectfully disagrees with the court's decision." The lawsuit stems from a reported vandalism case that dates back to June 3, 2018. A couple had called police to report that their son had vandalized their car, resulting in $500 worth of damage, according to the lawsuit. The couple told authorities that their son, Jesus Ramos, frequented an address on South Lind Avenue in Fresno, according to the lawsuit. Deputies spotted a man they believed was Ramos at the home on South Lind Avenue, which was being rented by Ordaz Gonzalez and Santiago. Ordaz Gonzalez, her father, Roberto, and brother Omar Perez were inside the home along with Santiago, who was sleeping, according to court documents. Ramos was not at the home. "This started because a [suspect] damaged his parents' car with an act vandalism that cost about $500," Kane said. "My clients didn't even know who this person was." Read more: Suspect in dog abuse video in Long Beach arrested, police say One of the deputies spoke to Ordaz Gonzalez through a front screen door and asked her to step outside and identify herself. Ordaz Gonzalez said she would only exit to meet the deputy at the back door, according to court documents. The deputy went to meet her at the back door. The deputy believed that by doing this, she had given consent to enter the property, according to court records. Another deputy eventually grabbed Ordaz Gonzalez, twisted her arm and handcuffed her, according to court documents. Ordaz Gonzalez claimed she asked the deputies to show her a warrant, which they didn't produce. The deputies, in court documents, did not recall being asked for a warrant. Read more: Why do so many L.A. dog owners think the rules don't apply to them? Eventually, police brought a K-9 unit to the home. Authorities tied Scooby to a tree in the front yard before they led the police dog onto the property, according to court documents. As police searched the home for Ramos, Scooby got loose from the front yard and ran toward the back of the house, where he was shot by a deputy. The dog walked to the porch and died there without receiving any aid, according to the lawsuit. Kane said that his clients tried to settle with the county for $250,000, but the county countered with only $7,500 and was not willing to offer a larger settlement. "It was something along the lines of them thinking we were too far apart to find a compromise," he said. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
23-04-2025
- Los Angeles Times
Shooting death of pet dog, Scooby, could cost Fresno County taxpayers $2 million
The fatal shooting of a beloved pet is expected to cost Fresno County's taxpayers at least $2 million after an appeals court ruling upheld a lower court's decision that sheriff's deputies violated the owner's rights and unnecessarily killed the dog. In 2023, a jury awarded Veronica Ordaz Gonzalez and her boyfriend, Jose Ramos Santiago, $800,000 in damages after Fresno County sheriff's deputies entered their home without consent and shot 4-year-old Scooby while investigating a case of vandalism. The county appealed the decision to California's Fifth District Court of Appeals, but lost last Wednesday. In addition to the damages, Ordaz Gonzalez was awarded nearly $830,000 in attorney fees in August 2023. The Fresno County Superior Court ruled deputies violated the Bane Act, a civil code meant to protect against threats, intimidation, an inference of threat or coercion. Ordaz Gonzalez's attorney, Nolan Kane, estimated that the total paid out by the county for the case would eclipse $2 million, with appeals court fees expected to be at least $400,000. 'I'm all for law enforcement protecting us and doing things properly, but this instance seemed to be a family dispute,' Kane said. 'Certainly there are some circumstances where they need to hurry, but they rushed here and acted unnecessarily.' In a statement, the office of Fresno County Counsel, which represented the county and the sheriff's department, said 'the county understands the sensitivity of the case.' 'However, it remains convinced that the officers acted appropriately in response to a threat,' the statement read. 'The county respectfully disagrees with the court's decision.' The lawsuit stems from a reported vandalism case that dates back to June 3, 2018. A couple had called police to report that their son had vandalized their car, resulting in $500 worth of damage, according to the lawsuit. The couple told authorities that their son, Jesus Ramos, frequented an address on South Lind Avenue in Fresno, according to the lawsuit. Deputies spotted a man they believed was Ramos at the home on South Lind Avenue, which was being rented by Ordaz Gonzalez and Santiago. Ordaz Gonzalez, her father, Roberto, and brother Omar Perez were inside the home along with Santiago, who was sleeping, according to court documents. Ramos was not at the home. 'This started because a [suspect] damaged his parents' car with an act vandalism that cost about $500,' Kane said. 'My clients didn't even know who this person was.' One of the deputies spoke to Ordaz Gonzalez through a front screen door and asked her to step outside and identify herself. Ordaz Gonzalez said she would only exit to meet the deputy at the back door, according to court documents. The deputy went to meet her at the back door. The deputy believed that by doing this, she had given consent to enter the property, according to court records. Another deputy eventually grabbed Ordaz Gonzalez, twisted her arm and handcuffed her, according to court documents. Ordaz Gonzalez claimed she asked the deputies to show her a warrant, which they didn't produce. The deputies, in court documents, did not recall being asked for a warrant. Eventually, police brought a K-9 unit to the home. Authorities tied Scooby to a tree in the front yard before they led the police dog onto the property, according to court documents. As police searched the home for Ramos, Scooby got loose from the front yard and ran toward the back of the house, where he was shot by a deputy. The dog walked to the porch and died there without receiving any aid, according to the lawsuit. Kane said that his clients tried to settle with the county for $250,000, but the county countered with only $7,500 and was not willing to offer a larger settlement. 'It was something along the lines of them thinking we were too far apart to find a compromise,' he said.
