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1.57 MB
Extraction Summary
3
People
5
Organizations
1
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal brief / motion (civil litigation)
File Size:
1.57 MB
Summary
This document is page 17 of a legal filing arguing that Epstein's lawsuit against Edwards should be dismissed under Florida's 'sword and shield doctrine.' The text details how Epstein is seeking money damages from Edwards while simultaneously invoking the Fifth Amendment to refuse answering basic discovery questions about his claims that Edwards 'ginned up' allegations or 'fabricated' cases. The filing cites multiple Florida precedents establishing that a plaintiff cannot seek relief while refusing to provide discovery.
People (3)
| Name | Role | Context |
|---|---|---|
| Epstein | Plaintiff |
Seeking affirmative relief (money damages) from Edwards while invoking the Fifth Amendment to refuse discovery questi...
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| Edwards | Defendant |
Being sued by Epstein; attempting to obtain discovery regarding allegations.
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| Griffin, J. | Judge |
Cited in legal precedent (Boys & Girls Clubs of Marion County, Inc. v. J.A.).
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| Boys & Girls Clubs of Marion County, Inc. |
Cited in case law.
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| Bankers Insurance Co. |
Cited in case law.
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| Rollins Burdick Hunter of New York, Inc. |
Cited in case law.
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| Euroclassic Limited, Inc. |
Cited in case law.
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| Florida District Courts of Appeal |
Source of cited case law (3rd, 4th, and 5th Districts).
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Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction whose case law is being applied.
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Key Quotes (4)
"“[T]he law is well settled that a plaintiff is not entitled to both his silence and his lawsuit.”"Source
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Quote #1
"He is trying to obtain “affirmative relief” – i.e., forcing Edwards to pay money damages – while simultaneously precluding Edwards from obtaining legitimate discovery"Source
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Quote #2
"“Specifically what are the allegations against you which you contend Mr. Edwards ginned up?”"Source
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Quote #3
"“Well, which of Mr. Edwards’ cases do you contend were fabricated?”"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,855 characters)
Amendment. As a result, under the “sword and shield doctrine” widely recognized in Florida
caselaw, his suit must be dismissed.
caselaw, his suit must be dismissed.
“[T]he law is well settled that a plaintiff is not entitled to both his silence and his
lawsuit.” Boys & Girls Clubs of Marion County, Inc. v. J.A., 22 So.3d 855, 856 (Fla. 5th Dist.
Ct. App. 2009) (Griffin, J., concurring specially). Thus, “a person may not seek affirmative
relief in a civil action and then invoke the fifth amendment to avoid giving discovery, using the
fifth amendment as both a ‘sword and a shield.’” DePalma v. DePalma, 538 So.2d 1290, 1290
(Fla. 4th Dist. Ct. App. 1989) (quoting DeLisi v. Bankers Insurance Co., 436 So.2d 1099 (Fla. 4th
Dist. Ct. App. 1983)). Put another way, “[a] civil litigant’s fifth amendment right to avoid self-
incrimination may be used as a shield but not a sword. This means that a plaintiff seeking
affirmative relief in a civil action may not invoke the fifth amendment and refuse to comply with
the defendant’s discovery requests, thereby thwarting the defendant’s defenses.” Rollins Burdick
Hunter of New York, Inc. v. Euroclassic Limited, Inc., 502 So. 2d 959 (Fla. 3rd Dist. Court App.
1983).
lawsuit.” Boys & Girls Clubs of Marion County, Inc. v. J.A., 22 So.3d 855, 856 (Fla. 5th Dist.
Ct. App. 2009) (Griffin, J., concurring specially). Thus, “a person may not seek affirmative
relief in a civil action and then invoke the fifth amendment to avoid giving discovery, using the
fifth amendment as both a ‘sword and a shield.’” DePalma v. DePalma, 538 So.2d 1290, 1290
(Fla. 4th Dist. Ct. App. 1989) (quoting DeLisi v. Bankers Insurance Co., 436 So.2d 1099 (Fla. 4th
Dist. Ct. App. 1983)). Put another way, “[a] civil litigant’s fifth amendment right to avoid self-
incrimination may be used as a shield but not a sword. This means that a plaintiff seeking
affirmative relief in a civil action may not invoke the fifth amendment and refuse to comply with
the defendant’s discovery requests, thereby thwarting the defendant’s defenses.” Rollins Burdick
Hunter of New York, Inc. v. Euroclassic Limited, Inc., 502 So. 2d 959 (Fla. 3rd Dist. Court App.
1983).
Here, Epstein is trying to do precisely what the “well settled” law forbids. Specifically,
he is trying to obtain “affirmative relief” – i.e., forcing Edwards to pay money damages – while
simultaneously precluding Edwards from obtaining legitimate discovery at the heart of the
allegations that form the basis for the relief Epstein is seeking. As recounted more fully in the
statement of undisputed facts, Epstein has refused to answer such basic questions about his
lawsuit as:
he is trying to obtain “affirmative relief” – i.e., forcing Edwards to pay money damages – while
simultaneously precluding Edwards from obtaining legitimate discovery at the heart of the
allegations that form the basis for the relief Epstein is seeking. As recounted more fully in the
statement of undisputed facts, Epstein has refused to answer such basic questions about his
lawsuit as:
• “Specifically what are the allegations against you which you contend Mr.
Edwards ginned up?”
Edwards ginned up?”
• “Well, which of Mr. Edwards’ cases do you contend were fabricated?”
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