Filing # 145683761 E-Filed 03/14/2022 05:47:14 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

KELLY RIZZO, as surviving spouse of

decedent ROBERT L. SAGET, and AUBREY
SAGET, LARA SAGET, and JENNIFER
SAGET, as surviving daughters of decedent
ROBERT L. SAGET,

Plaintiffs, CASE NO.: 2022-CA-1351-O

v.

JOHN W. MINA, in his official capacity as

Sheriff of Orange County, Florida, and the
DISTRICT NINE MEDICAL EXAMINER’S
OFFICE, a Florida public agency,

Defendants.
______________________________________/

ORDER GRANTING PERMANENT INJUNCTION

THIS CAUSE comes before this Court on Plaintiffs’ Complaint seeking entry of a

Permanent Injunction filed by Plaintiffs, KELLY RIZZO, as surviving spouse of decedent Robert

L. Saget and AUBREY SAGET, LARA SAGET, and JENNIFER SAGET, as surviving daughters

of Robert L. Saget (“Mr. Saget”), (collectively, “Plaintiffs”), against the Defendants, JOHN W.

MINA, in his official capacity as Sheriff of Orange County, Florida, and the DISTRICT NINE

MEDICAL EXAMINER’S OFFICE, a Florida public agency (collectively, “Defendants”), to

permanently enjoin Defendants from releasing certain photographs, video recordings, audio

recordings, and other statutorily protected information (the “Records”) related to the death, death

investigation, or autopsy of Mr. Saget.

THE COURT HEREBY FINDS AND CONCLUDES AS FOLLOWS:

1. Plaintiffs’ Complaint seeks a permanent injunction enjoining Defendants from

releasing or disseminating, either voluntarily or in response to any public records requests, certain
photographs which depict Mr. Saget and his personal effects, video recordings, audio recordings,

all statutorily protected autopsy information, and all other statutorily protected information (the

“Protected Records” or “Records”) related to the death, death investigation, and autopsy of

ROBERT L. SAGET, as the Protected Records are exempt from the general provisions of Florida

public records law Section 119.07(1), Florida Statutes, under Sections 406.135 and 382.008,

Florida Statutes.

2. On February 16, 2022, this Court entered a Temporary Injunction sub judice.

3. A mandatory injunction is properly issued where the Plaintiffs demonstrate that:

(1) they will suffer irreparable harm; (2) they have a clear legal right or interest in the subject

matter of the suit; (3) they have no adequate remedy at law. Liberty Counsel v. Fla. Bar Bd. of

Governors, 12 So. 3d 183, 186 n.7 (Fla. 2009); see also Hollywood Towers Condo. Ass'n, Inc. v.

Hampton, 40 So. 3d 784, 786 (Fla. 4th DCA 2010).

4. The Court finds Plaintiffs have made a proper showing by their verified pleading

of all elements entitling them to a permanent injunction in this matter. Specifically, the Court finds

that Plaintiffs will suffer irreparable harm in the form of severe mental pain, anguish, and

emotional distress if the requested permanent injunction is not granted, that Plaintiffs have a clear

legal right or interest in the Protected Records as the surviving spouse and children of Mr. Saget,

that Plaintiffs have no adequate remedy at law should the Protected Records be released.

5. While the Court is mindful of the public’s interest in ensuring the transparency of

governmental action, Plaintiffs’ have established their clear legal right under Sections 406.135 and

382.008, Florida Statutes, to the confidentiality of the Protected Records, their clear standing and

privacy rights under Article I, Section 23, Florida Constitution, the irreparable harm they will

suffer without permanent injunctive relief, that there is no adequate remedy at law, and that the

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public interest favors entry of a permanent injunction. The Plaintiffs are entitled to the dignity,

respect, privacy and confidentiality guaranteed by Sections 406.135 and 382.008, Florida Statutes,

and Article I, Section 23, of the Florida Constitution. Accordingly, the Court enters this permanent

injunction to uphold and enforce Sections 406.135 and 382.008, Florida Statutes, and Plaintiffs’

statutory and constitutional privacy rights, and enjoins the Defendants from releasing or

disseminating, either voluntarily or in response to any public records request, any of the Protected

Records.

IT IS HEREBY ORDERED AND ADJUDGED that:

6. Judgment is entered in favor of Plaintiffs for entry of a Permanent Injunction

against Defendants enjoining access by the public, or the media, or any individual or entity other

than the Sheriff’s Office or Medical Examiner, in furtherance of their official duties, to the

Protected Records in the Defendants’ possession.

7. Defendant, JOHN W. MINA, in his official capacity as Sheriff of Orange County,

and any other public agency or employee having access to the Protected Records, and actual notice

of this Final Order of Permanent injunction, are hereby ENJOINED from releasing the specified1

photographs and portions2 of the officers’ four (4) body worn camera video recordings that

graphically depict Mr. Saget and those which depict his personal effects, whether voluntarily or in

response to any public records requests.

8. Defendant, DISTRICT NINE MEDICAL EXAMINERS OFFICE, and any other

public agency or employee having access to the Protected Records, and actual notice of this Final

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There are a total of one hundred and forty-seven (147) photographs in Defendants’ possession which have been
reviewed by Plaintiffs’ counsel (per this Court’s February 28, 2022 Order); ninety (90) photographs are in the
Protected Records category, fifty-seven (57) are not.
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The first forty (40) seconds of these videos are not in the protected Records category, the balance of the videos are
in the Protected Records category (Section 119.071(2)(l), Florida Statutes).

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Order, are hereby ENJOINED from releasing all statutorily protected autopsy information3

pursuant to 406.135 Florida Statutes.

9. This Permanent Injunction shall be binding on the parties to this action, their

officers, agents, servants, employees, and attorneys and on those persons in active concert or

participation with them who receive actual notice of the injunction.

10. This Court finds that as a matter of law that there exists a lesser public interest in

the disclosure of the Protected Records than the privacy and statutory rights of Plaintiffs. There is

a legitimate public interest in government accountability in the performance of the Sheriff’s Office

and the Medical Examiner. However, in this case, there is no ongoing criminal investigation. The

Defendants have conducted thorough investigations, and there are no allegations of incompetence

or misconduct in their respective roles.

11. The Temporary Injunction entered on February 16, 2022 is hereby dissolved and

superseded by this Permanent Injunction. The $1,000 cash bond posted by the Plaintiffs on

February 16, 2022 in connection with the Temporary Injunction is hereby discharged and the

$1,000 cash bond shall be returned by the Clerk to the Plaintiffs forthwith.

12. The Court reserves jurisdiction over the parties and this matter to enforce this

Permanent Injunction.

DONE AND ORDERED this 14th day of March, 2022, in Orlando, Orange County,

Florida.
3/14/2022
___________________________________
HONORABLE VINCENT
3/14/2022 S. CHIU
CIRCUIT COURT JUDGE

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Defendant released its thirteen (13) page Autopsy Report on February 10, 2022, which is a Public Record not in the
Protected Records Category and balances the Plaintiffs’ privacy rights with the least intrusive means for the public to
evaluate government performance sub judice. Defendant’s Investigative Report is also a Public Record, but same
contains certain personal information of the Plaintiffs’ which is private and should be redacted if released.

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 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this __ day of March, 2022, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which will complete service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
I further certify that a copy of the foregoing has been furnished via email delivery to:
Brian H. Bieber, Esq. (brian.bieber@gray-robinson.com)
John M. Brennan, Esq. (jay.brennan@gray-robinson.com)
John A. Boudet, Esq. (john.boudet@gray-robinson.com)
J. Lucien Johnson, Esq. (lucien.johnson@gray-robinson.com)
Austin M. Krtausch, Esq. (austin.krtausch@gray-robinson.com)
Austin Moore, Esq. (austin.moore@ocfl.net)
Elaine M. Asad, Esq. (elaine.asad@ocfl.net)

3/14/2022
__________________
Judicial Assistant/Attorney
3/14/2022