Opinion

DEPINTO v. SHADER

Court
District Court, N.D. Florida
Filed
May 2, 2022
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

FRANK A. DEPINTO,

Plaintiff,

v. Case No. 5:20cv11-RH-MJF

ROBIN SHADER,

Defendant.

______________________________/

ORDER GRANTING SUMMARY JUDGMENT

The plaintiff asserts a claim for damages under 42 U.S.C. § 1983 and the

First Amendment based on his exclusion from public libraries that are part of the

Northwest Regional Library System. The defendant is the System’s director. The

defendant has moved for summary judgment. The motion is before the court on the

magistrate judge’s report and recommendation, ECF No. 63, and the objections,

ECF Nos. 64 and 65. I have reviewed de novo the issues raised by the objections.

The record establishes without genuine dispute that the plaintiff repeatedly

engaged in disruptive, even threatening behavior in the libraries. The report and

recommendation correctly concludes that the defendant is entitled to summary

judgment.

First, whatever right a person may have to use a public library, the right does

not extend to disruptive or threatening behavior of the kind the plaintiff repeatedly

engaged in. A library user can be required to follow the library’s reasonable rules,

especially those that are neither content- nor viewpoint-based.

Second, qualified immunity applies to § 1983 damages claims against public

employees and protects “all but the plainly incompetent or those who knowingly

violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986). See generally Carroll

v. Carman, 574 U.S. 13 (2014); Hope v. Pelzer, 536 U.S. 730 (2002); Harlow v.

Fitzgerald, 457 U.S. 800 (1982). Thus a public employee may be held individually

liable only if the employee’s conduct violates clearly established law. Here the

defendant did not violate the plaintiff’s rights at all—and even more plainly did not

violate clearly established law.

In his objections, the plaintiff says summary judgment cannot be granted

because he demanded a jury trial. But summary judgment is proper when, as here,

a party is entitled to judgment even when genuine factual disputes are resolved in

favor of the adverse party.

IT IS ORDERED:

1. The defendant’s summary-judgment motion, ECF No. 53, is granted.

2. The clerk must enter judgment stating, “This action was resolved on a

summary-judgment motion. It is ordered that the plaintiff Frank A. DePinto

recover nothing on his claims against the defendant Robin Shader. The claims are

dismissed on the merits.”

3. The clerk must close the file.

SO ORDERED on May 2, 2022.

s/Robert L. Hinkle

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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