A lawsuit filed in federal court against the city of Port St. Joe, two police officers and a local businessman was formally dismissed Monday in the U.S. Northern District Court of Florida.
The lawsuit, brought by Lynne Carr, was dismissed with prejudice, meaning the same claims against the same people can not be brought again in litigation.
The dismissal filing came from the Tallahassee office of Marie Mattox, who was handling Carr’s case.
This is the second federal suit Mattox has filed against local governments this year; one from a local political action committee against the Board of County Commissioners and several commissioners individually and the other against the city of Port St. Joe.
Both were ultimately dismissed with prejudice.
In dismissing the case, the court left each side to bear their own legal costs.
Carr sued the city, her estranged husband Billy Carr, Jr. and police officers Jake Richards and David Garner accusing them of violating her constitutional right against illegal search and seizure as well as abuse of power and abuse of process.
Lynne Carr also sued Port St. Joe Mayor Mel Magidson, but he was dismissed from the case nearly two months ago.
Another allegation against her husband, that he was carrying a gun at the time of the incident, had been disproved during discovery depositions.
The allegations centered on an incident in December 2011 while the Carrs were separated and divorcing.
The allegations detailed actions taken by the police officers and Billy Carr in removing Lynne Carr from the three businesses her husband owned and she managed, including a florist, wedding planner and boutique.
Lynne Carr was terminated from the businesses by her husband and ordered to turn over all property belonging to the business.
Lynne Carr alleged she was illegally forced to turn over “marital property” that was subject to the divorce proceedings.
She also alleged the police officers illegally used a drug dog to sniff out any potential contraband on Lynne Carr’s person.
She alleged that search, which followed a similar search of the businesses, lacked probable cause.
“We knew it would end this way,” said Richards. “We did not do the things the affidavit stated and we would just like out reputations restored now that the case has been cleared. We were never under (conducting) any investigation and did not violate any policy and surely did not violate the constitutional rights we are sworn to protect.
“Frivolous lawsuits have become an every day part of law enforcement over the years. Most are filed then dropped. Some are settled to save taxpayer’s money on attorney fees. I feel as though it was a personal attack to diminish our reputations.”