Agenda

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County Attorney's Report 8. 1.

BCC Regular Meeting

Action

Meeting Date:	04/02/2020
Issue: David Bear v. Escambia County Board of County Commissioners and Douglas Underhill, Case No. 3:19-cv-04424-MCR/HTC
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning David Bear v. Escambia County Board of County Commissioners and Douglas Underhill, Case No. 3:19-cv-04424-MCR/HTC.

That the Board approve the withdrawal of this office from further representation of Escambia County in this case and approve the substitution of Joseph Hammons in place of this office during the pendency of this litigation.

BACKGROUND:

On October 8, 2019, David Bear filed a civil complaint against the Escambia County Board of County Commissioners and Commissioner Underhill in Escambia County Circuit Court. This office removed the case to U.S. District Court in the Northern District of Florida because of allegations that the County had deprived Plaintiff of federal civil rights due to blocking from one of Commissioners Underhill's Facebook pages. This office filed a motion to dismiss the complaint on behalf of Escambia County and then a second motion to dismiss the amended complaint was also filed on behalf of Escambia County. On March 23rd, U.S. Magistrate Judge Davis granted the County's motion to dismiss with Commissioner Underhill's motion to dismiss. A copy of the Report and Recommendation is attached.

Commissioner Underhill has retained his own attorney, Edward P. Fleming, who has been representing him during the pendency of this litigation. It became apparent that this office had a conflict of interest in continuing to represent Escambia County. An advisory opinion from The Florida Bar confirms that a conflict exists. Even with the granting of these motions to dismiss, the case will continue in Escambia Circuit Court regarding disclosure of public records.

Mr. Joseph Hammons has been contacted and has agreed to represent Escambia County at the rate of $250.00 per hour. This office seeks Board approval to move with withdraw and to substitute Joseph Hammons in its place during the pendency of this litigation whether in state or federal court.

BUDGETARY IMPACT:

The Board will be paying Joseph Hammons at the rate of $250.00 an hour.

LEGAL CONSIDERATIONS/SIGN-OFF:

Joseph Hammons will represent Escambia County and vigorously defend it.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Report and Recommendation - U.S. Magistrate
Letter - The Hammons Law Firm