United States District Court, M.D. Florida, Orlando Division
G. BYRON, UNITED STATES DISTRICT JUDGE
cause comes before the Court without oral argument on the
1. Plaintiff's Motion for Appropriate Redress for Assault
on Process Server by Defendant Essam Mgahed (Doc. 20);
2. Defendants' Motion to Dismiss Plaintiff's
Complaint and for Other Relief (Doc. 32);
3. Plaintiff's Objection to Defendants' Motion to
Dismiss (Doc. 41);
4. Defendants' Memorandum of Law in Support of Their
Motion to Dismiss (Doc. 52);
5. Plaintiff's Motion for Order Enjoining Daytona Beach
Police and All Law Enforcement Agencies from Enforcement of
Trespass (Doc. 42);
6. Defendants' Response to Plaintiff's Motion for
Injunctive Order (Doc. 46); and
7. Plaintiff's Rebuttal to Defendant's Response to
Plaintiff's Motion for Injunctive Order (Doc. 48).
parties have completed their briefing and the Court is
otherwise fully advised on the premises. Upon consideration,
Defendants' motion to dismiss is granted.
pro se suit arises out of a dispute between
Plaintiff, Mohammed Jameel Shaikh, and Defendants,
individuals who are members of the Islamic Center of Daytona
Beach (“ICDB”). The complaint details a series of
disputes leading to Plaintiff's apparent expulsion from
the ICDB. In a section captioned “Malicious retaliation
for Evicting his family”, Plaintiff describes a dispute
with Faizool Haniff Ali, Sr., regarding a property that
Plaintiff rented to Ali and his family for a time, which
resulted in Plaintiff evicting Ali and his family. Relatedly,
Plaintiff alleges Ali stole at least $25, 000 of
Plaintiff's funds from a shared account.
next details his increasing involvement with the ICDB
beginning in 2010. In 2013, the Executive Committee of the
ICDB was considering purchasing a former YMCA building to
replace the then-existing ICDB location. Plaintiff advised
that the existing ICDB location should not be abandoned, and
vocally opposed the purchase of the YMCA building, thereby
creating tension between Plaintiff and ICDB members who
supported the purchase.
contends that in early 2017, Defendant, Hussam Reziqa,
circulated a message to several ICDB members that Plaintiff
“was about to Kill someone on the Dawa day with a Knife
in His Hand.” The complaint alleges the message was
designed to create a pretext to expel Plaintiff from the ICDB
thereby silencing his opposition to the YMCA-building
purchase, and as revenge for his eviction of Ali's
family. The locks to the ICDB were later changed, preventing
Plaintiff's entry. Plaintiff states he was cited for
trespassing on February 7, 2017, when he attempted to enter
the ICDB, prompting this suit.
complaint proceeds in eight counts. Count I is a 42 U.S.C.
§ 1983 claim premised on malicious abuse of process
relating to the February 7, 2017, trespass. Count II alleges
another § 1983 claim. Count III, VI, VII, and VIII aver
conspiracies in violation of 42 U.S.C. § 1985(3). Counts
IV and V raise derivative claims under 42 U.S.C. § 1986
for failure to protect Plaintiff from harm stemming from the
alleged § 1985(3) conspiracies.
are currently three pending motions in this action. First,
Plaintiff seeks redress from the Court in relation to an
alleged assault on a process server. (Doc. 20). Second,
Defendants have collectively moved to dismiss the complaint
for failure to state a claim. (Doc. 32). Third, Plaintiff
seeks an injunction ...