Last Friday, a federal court judge dismissed the complaint that Jeremy Banks, the St. Johns County Sheriffs deputy best known as the boyfriend of Michelle O’Connell — who may or may not have committed suicide back in September 2010 — filed last year against Florida Department of Law Enforcement Agent Rusty Rodgers, Folio Weekly has learned. That complaint alleged that Rodgers lied to and manipulated O’Connell’s family members into believing that Banks had killed her, and made false and derragotory statements about Sheriff David Shoar, including that he was helping cover up a homicide by one of his deputies.
"Over a year ago,” Shoar said in a statement when the lawsuit was filed, “I personally made a complaint to FDLE regarding the egregious behavior of Rusty Rodgers and [fellow FDLE Agent] Dominic Pape during the investigation of the death of Michelle O'Connell. While Rodgers is currently the subject of an ongoing criminal investigation for 'official misconduct,' I am grateful the civil cases are moving forward to ultimately bring justice and closure to all involved."
On Feb. 13, U.S. District Judge Brian J. Davis dismissed Banks’ complaint without prejudice, which means Banks will have the opportunity to refile by March 5. In essence, Davis ruled in his seven-page order that Banks did not come close to establishing the probable cause the court needed to move the case forward.
“The Court is mindful that proof is not required at this juncture of the case,” Davis wrote. “Nevertheless, Rule 8 requires a short plain statement sufficient to put Defendant on notice of facts or inferences from them which makes the absence of probable cause plausible. The allegations of Plaintiff’s Amended Complaint simply fail to accomplish that requirement.”
We will update as we learn more.
*This post and headline were updated to reflect the fact that the pleading itself was dismissed, not the case as a whole. Thanks to attorney John M. Phillips for pointing that out.