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Polisi v. DeSantis
6:25-cv-00256
| M.D. Fla. | Jul 15, 2025
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Background

  • 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)
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Case Details

Case Name: Polisi v. DeSantis
Court Name: District Court, M.D. Florida
Date Published: Jul 15, 2025
Docket Number: 6:25-cv-00256
Court Abbreviation: M.D. Fla.