No. 25-6060

Katherine Henry, et vir v. City of Ormond Beach, Florida

Lower Court: Florida
Docketed: 2025-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process equal-protection excessive-fines local-law-compliance malum-prohibitum
Key Terms:
AdministrativeLaw DueProcess Punishment Patent Privacy
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether a class of one Equal Protection claim requires combining three distinct offenses for defining similarly situated parties, and whether a homeowner can be ordered to take action forcing property into local law noncompliance

Question Presented (OCR Extract)

The lower tribunals committed harmful errors by violating Henrys’ right to Equal Protection, issuing orders violating state and local laws, and issuing orders forcing Henrys into LDC noncompliance. The lower tribunals’ harmful errors also included violating Henrys’ rights to protection against excessive fines. These harmful errors have adversely affected Henrys’ substantial rights, resulting in a miscarriage of justice, which can only be remedied through granting this Petition and overturning the entirety of Magistrate’ s orders (and circuit court order portions upholding Magistrate’ s orders). Moreover , these harmful errors implicated four important questions of federal law which this Court should address in order to protect the inherent rights of millions of Americans across the country . 1. Whether , in a class of one Equal Protection claim, three distinct offenses (being simultaneously appealed) should be combined for purposes of defining the class of those similarly situated. 2. Whether a homeowner may be ordered to take action that would force their property into noncompliance with local law. 3. Whether fines (and liens) may properly be imposed when there is no alleged harm caused by an offense. 4. Whether a never -ending daily fine is grossly disproportionate to a malum prohibitum one-time act.

Docket Entries

2026-01-12
Petition DENIED.
2025-12-04
DISTRIBUTED for Conference of 1/9/2026.
2025-11-26
Waiver of City of Ormond Beach, FL of right to respond submitted.
2025-11-26
Waiver of right of respondent City of Ormond Beach, FL to respond filed.
2025-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)

Attorneys

City of Ormond Beach, FL
Abraham Cartledge McKinnonMcKinnon & McKinnon Attomeys at Law, P.A., Respondent
Abraham Cartledge McKinnonMcKinnon & McKinnon Attomeys at Law, P.A., Respondent
Katherine & Michael Henry
Katherine Lindsey HenryRestore Freedom, P.C., Petitioner
Katherine Lindsey HenryRestore Freedom, P.C., Petitioner