Remember when North Miami Police Commander Emile Hollant was framed by then-Assistant Chief Larry Juriga, viciously trashed at a press conference held by City Manager Larry Spring, suspended without pay, subjected to a bogus Internal Affairs investigation, and found “guilty” by a “preponderance” of rigged evidence?

Good times.

In response to all that injustice, Commander Hollant filed a Complaint and Demand for Jury Trial with the United States District Court.

In response to his lawsuit, three weeks later Commander Hollant was fired by the cop who framed him.

Can you spell R-E-T-A-L-I-A-T-I-O-N?

We can, and we just did.

After he was fired, Commander Hollant filed an Amended Complaint, adding wrongful termination to the laundry list of alleged counts against the City of North Miami, City Manager Larry Spring, Police Chief Larry Juriga, Councilman Scott Galvin and Internal Affairs Sergeant Diana Roman.

As expected, the City filed a Motion to Dismiss the case.  Both sides argued their respective positions before the Judge, and on July 17, 2018 the Honorable Robert N. Scola, Jr. handed down his Order on Motion to Dismiss, as reported in The Florida Record.

The bad news, for Hollant anyway, is that Scott Galvin and Diana Roman are off the hook, and they were removed as Defendants.

The good news is that Larry Spring and Larry Juriga couldn’t squirm their way out of “qualified immunity” for all the crap they pulled on Emile Hollant.

The best news of all is that the Judge ruled that the complaint “sufficiently alleges a violation of Hollant’s Fourteenth Amendment rights” to due process.

In his Order, Judge Scola cited case law excerpts, and determined:

• The Eleventh Circuit recognizes the existence of a liberty interest in one’s good name and reputation, and has held that a procedural due process claim for deprivation of that interest may arise where the state fails to provide an employee with an opportunity for a name clearing hearing when it publishes stigmatizing information in the employee’s personnel file.
• “[A] public employer is required to provide the opportunity for a post-termination name-clearing hearing when stigmatizing information is made part of the public records, or otherwise published.”
• To show that a deprivation of a public employee’s liberty interest in his good name has occurred without due process of law, the employee must prove the existence of (1) a false statement (2) of a stigmatizing nature (3) attending a governmental employee’s discharge (4) made public (5) by the governmental employer (6) without a meaningful opportunity for the employee to clear his name.

Because “Hollant alleges that the pre-determination hearing did not provide him a meaningful opportunity to clear his name because he was not given the opportunity to cross-examine witnesses, and the hearing was not before a neutral body,” the Court ruled, “The allegations in the amended complaint are therefore sufficient to state a claim against the City.”

Plus, they trashed him publicly.

So there’s that.

In addition, Judge Scola opined, “Hollant alleges that under the Collective Bargaining Agreement, an employee relieved of duty pending an investigation must remain on with-pay status, and he was suspended without pay by Defendant Juriga at Defendant Spring’s direction from July 22, 2016 to August 22, 2016.  Thus, upon the facts alleged, Hollant was entitled to some process prior to being suspended without pay, which he allegedly did not receive.  Accordingly, Defendants Spring and Juriga are not entitled to qualified immunity at this juncture regarding this aspect of Hollant’s claims.”

In plain English, Larry and Larry are finally  being forced to play defense!

Hallelujah!  Praise the Lord!

Considering all the baggage Larry Spring came with when he was hired as City Manager, and considering that under his watch the City of North Miami is now defending nine, count ’em nine, major lawsuits,  it’s a freaking miracle he still has a job.

In the interest of brevity, we will refrain … for now, anyway … from repeating all the countless reasons why Larry Juriga should have been fired ages ago.

As a matter of fact, Larry Spring should be fired and banished from the City of North Miami permanently for making this ass hat the chief of police.

In any event, the case of Emile Hollant v. City of North Miami, Florida, and others,  is headed for trial.

Let the depositions begin!

Stephanie