MIAMI — A district judge has dismissed a complaint filed by a homeless man who filed a defamation claim against the Lauderhill Police Department.
Judge Beth Bloom of the U.S. District Court Southern District of Florida found on Jan. 8 that Eric Watkins’ complaint against Lauderhill Police Department Sergeant M. Bigwood and several other officers for the department failed to "state claims upon which relief can be granted, the claims for defamation are barred by the statute of limitations."
"The Court notes that Watkins is no stranger to this Court, having initiated over thirty cases in the last six years, nor is it the first time he has asserted claims arising from his penchant for singing antigay songs," Judge Bloom wrote.
Watkins, who is identified as homeless in the complaint, alleges that police violated his "First and Fourth Amendment rights for arresting him and subjecting him to involuntary mental examination pursuant to the Baker Act, Florida Statutes section 394.463, for singing his antigay song."
"Nevertheless, even assuming that Watkins’s right to sing his antigay song is protected by the First Amendment, he fails to allege any facts with respect to the second and third elements of his claim," Judge Bloom said. "Even if there were a First Amendment right to sing an 'antigay song' under the circumstances alleged, there are no factual allegations showing that such a right was clearly established."
"Plaintiff has not alleged facts that, if true, show that the Police Defendants violated his clearly established First Amendment rights," she added.
Police were called to a parking lot in Mullins Park in December 2015 by several park goers who claim Watkins was singing an antigay song and waving a knife in the park. Watkins alleges that he has a "history" with the same parkgoers who called police. He alleges that these same people made false statements against him to police and charged defamation claims against them. Judge Bloom, however, dismissed those claims as well, ruling that the statute of limitations on the December 2014 claims had expired on December 2016.
She added that fundamental to the justice system was that the courthouse doors would not be closed to persons based on their inability to pay a filing fee.