Judge in Disney v. DeSantis lawsuit recuses himself over conflict of interest
Misty Severi
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A magistrate judge in Florida recused himself on Friday from the case Walt Disney Parks and Resorts brought against Gov. Ron DeSantis (R-FL) after he cited a financial conflict of interest in a recent court filing.
Judge Martin Fitzpatrick requested the Disney v. DeSantis lawsuit be reassigned. He said he had a financial interest in the outcome of the case because he is related in the “third degree” to someone who is employed by one of the parties.
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“The undersigned hereby recuses himself from this matter pursuant to 28 U.S.C. § 455 (b)(5)(iii),” Fitzpatrick wrote. “The Clerk of Court shall reassign this case to another Magistrate Judge within this District given my recusal.”
Fitzpatrick did not go into detail about his connection to one of the employees or which party the relative worked for. The lawsuit has been reassigned to Magistrate Judge Michael Frank for all further proceedings.
The lawsuit in question was filed by Disney on Wednesday. It alleges the governor and state lawmakers have infringed on the company’s First Amendment rights, the contract and takings clauses in the Constitution, and its right to due process under the 14th Amendment.
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The company also alleged that Florida’s governor and other officials conducted a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”
Disney and DeSantis have been in a feud for over a year. It stems from the company’s response to the Parental Rights in Education Act that was signed by the governor last year. DeSantis has pledged to fight Disney’s lawsuit and said he is “confident” the law is on his side.