Polisi v. DeSantis
6:25-cv-00256
| M.D. Fla. | Jul 15, 2025Background
- Plaintiff Vincent R. Polisi, II, a pro se litigant, filed a civil action against various state officials, including Ron DeSantis and others, related to underlying state court proceedings.
- No summonses had yet been served at the time the court ruled on Polisi’s various procedural and evidentiary motions.
- Polisi sought multiple forms of early relief, including orders to preserve evidence, conduct early discovery, extend service deadlines, and have the United States Marshals Service effectuate service.
- The amended complaint had recently been dismissed as an impermissible shotgun pleading, with leave granted to file an amended complaint.
- The court was asked to intervene in state criminal proceedings, issue emergency federal authorization regarding a state judge, and take judicial notice of alleged misconduct based on party admissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of evidence | Court should order all defendants and state court to preserve evidence | No defendants yet appeared | Denied; no authority to order unserved parties or non-parties |
| Extension of service deadline & marshal service | Needs more time and marshal assistance due to obstacles and high-profile case | (No appearance) | Time extended 60 days; marshal service denied, fee not waived |
| Early discovery/subpoenas | Good cause exists due to risk of evidence loss or misconduct | (No appearance) | Denied; no good cause or exceptional circumstances shown |
| Emergency fed. intervention in state action | Court should disqualify state judge/intervene in state criminal case | (No appearance) | Denied; Younger abstention applies, no exceptional circumstances |
Key Cases Cited
- Younger v. Harris, 401 U.S. 37 (1971) (federal courts generally must abstain from interfering in ongoing state proceedings)
- Williamson v. U.S. Dep't of Ag., 815 F.2d 368 (5th Cir. 1987) (discretionary review of trial court's discovery control)
- Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273 (N.D. Cal. 2002) (standard for granting expedited discovery)
