City, mayor sued in federal court

Published: Thursday, March 14, 2013 at 10:32 AM.

When Lynne Carr called the Port St. Joe Police Department to receive reports of the incident, she was told by Police Chief David Barnes that Garner and Richards were “off duty”, their off-duty services had been contracted and Barnes responded with a “yes” when Lynne Carr asked if their actions were legal, the complaint continues.

Lynne Carr is suing the City of Port St. Joe as well as Magidson, who is Billy Carr’s attorney, Garner and Richards individually for violation of her Fourth Amendment rights against unreasonable search or seizure of her self and property, alleging the searches lacked probable cause and the three were operating under the “color” of official authority, alleging Garner and Richards were following instructions from Magidson.

Additionally, Lynne Carr is suing the city for abuse of power, and also is individually suing Garner, Richards and Magidson, of the same charge, abuse of power.

In addition, Lynne Carr is suing her husband for abuse of process.

Magidson said Tuesday while on vacation that he had been served with papers on Monday afternoon, was leaving early Tuesday morning and had not read the complaint and could not respond to the allegations.

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