Fort Lauderdale Personal Injury Law Firm Winston, Clark & Wigand Files Suit Against Miami-Dade County for Violation of Servicemembers Civil Relief Act

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Miami-Dade County demolished the home of a U.S. Army Staff Sergeant on active duty in Afghanistan. The plaintiff's pregnant wife, her mother, his daughter, and his disabled brother were residing at the property at the time it was destroyed.

Fort Lauderdale personal injury attorney Bradley Winston ( announces filing of a suit against the Miami-Dade County and the director and another official of the Miami-Dade County Building and Neighborhood Compliance Department for demolishing the home of U.S. Army member Jesus Jimenez while he was on active duty. The move violates the Servicemembers Civil Relief Act, according to the lawsuit, as well as the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.

The lawsuit, Jimenez et al v. Miami-Dade County et al, case number 1:11-CV-23131, was filed in U.S. District Court for the Southern District of Florida. The complaint is available on request.

“Plaintiff Jesus Jimenez was on active duty, and his pregnant wife, her mother, his daughter and his disabled brother were residing at the property at the time it was demolished,” said attorney Bradley Winston. “The County and the Building Department were notified of Mr. Jimenez’s active duty status on multiple occasions. Requests for extensions of time, including one forwarded by former Governor Charlie Crist, were ignored.”

The lawsuit seeks injunctive relief, compensatory and punitive damages arising from Defendants' institution and a stay of the condemnation proceedings against three parcels of real property and the demolition of one of them, all allegedly in violation of the Fourth, Fifth and Fourteenth Amendments to the United States Constitution and of the Servicemembers Civil Relief Act.

According to the documents filed with the court yesterday, the County commenced condemnation proceedings in June, 2007 against three Miami-Dade County properties owned by the Sergeant, but his military duty requirements materially affected his ability to appear, and military leave was not authorized.

Court documents allege that Building Department officials claimed that the Servicemembers Relief Act was not applicable, and refused to stay or delay a scheduled Unsafe Structures Board hearing. The plaintiff’s primary residence on one of the three properties was demolished in June, 2011.

According to the lawsuit, the actions of the Miami-Dade County Building and Neighborhood Compliance Department constitute selective and excessive enforcement of the county building code. The complaint alleges that the properties are surrounded by structures of substantially identical construction and vintage, which have not been subject to any enforcement action by Defendants, and therefore the Jimenez family has allegedly also been deprived of their right to equal protection of the laws under the 14th Amendment to the United States Constitution.

Schedule an Interview: Attorney Bradley Winston is available to discuss the case. He can be reached at 954-475-9666.

About Winston, Clark & Wigand, P.A.

The Fort Lauderdale personal injury law firm of Winston, Clark & Wigand, with offices in Plantation and Fort Lauderdale, has been defending consumers injured by auto accidents, motorcycle accidents, defective products, medical malpractice, dog bites, and slip and fall cases since 1989.

Accident victims across South Florida and Broward County, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston, and Wilton Manors, can set up a free consultation. Details at


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