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School board candidate’s federal lawsuit against Governor dismissed

ALACHUA COUNTY, Fla. – School Board candidate Diyonne McGraw’s federal lawsuit against Governor Ron DeSantis, Jeff Childers, Childers Law, and Khan-Lienh Banko has been dismissed by U.S. District Judge Allen Winsor.

McGraw’s attorney had argued that her federal civil rights were violated when DeSantis declared her District 2 school board seat vacant on June 17, 2021, because she didn’t live in the district. DeSantis then appointed Mildred Russell to the seat, and now, with newly-drawn districts that put her residence in District 2, McGraw is challenging Russell for the seat in the August 23 election.

McGraw’s original complaint was that her right of access to the courts was violated, but the judge dismissed that complaint for lack of standing and failure to submit a claim. McGraw then submitted a Second Amended Complaint, which claimed that her due process rights were violated, specifically that the Defendants violated her fundamental right “to vote and have her vote counted.” The Defendants argued that McGraw suffered no harm because she voted, but McGraw argued that her vote had been “nullified” because she was removed from office.

The judge ruled that McGraw had standing on that claim but did not have standing on two of the injunctive relief orders she sought, which included requests for injunctions against future actions of the Governor and future actions of the Defendants and an order directing the Governor to withdraw his Executive Orders that declared her seat vacant and appointed her replacement.

The remaining claims were dismissed for “failure to state a claim.” As the judge wrote, “McGraw hasn’t pointed to any authority suggesting she had a legally protected interest in continuing to hold public office–let alone an office for which she was not qualified.”

The judge continued, “Separately, even if McGraw had a property interest in her office, she has not shown that removal from that office implicates the federal due-process right to vote, much less deprives her of it. By her logic, anytime someone is elected, he or she cannot be removed without violating the electors’ right to vote… In short, McGraw has not plausibly alleged a violation of a federal right.”

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In the judge’s conclusion, he dismissed the case and stated that since McGraw had an opportunity to cure her pleading deficiencies and did not do so, her complaint is dismissed without leave to amend.

McGraw has not yet responded to our request for comment.

  • Keep her off the School Board by voting for Mildred Russell. If you are a registered voter in Alachua County then you don’t have to live in the District to vote for Mildred Russell. All seats are at-large. For real change in direction also vote for Fisher, Holt and Abbitt while you are voting for Russell.

  • It’s time the community dismisses “No Character McGraw” and the division she has caused within the school district.

    She actually tried to pull the “he’s not allowing me to vote and my vote to count?”

    What a joke.

    • Maybe the residents of Alachua County can bring a civil suit against her? That’s a good question. There’s probably an Attorney familiar with this case that could counsel you on that.

  • Typical: A laundry list of “civil rights violations, woe is me” and mud slinging at others when an individual is caught doing something illegal! This individual is totally lacking of moral bearing! It’s always someone else’s fault! Pay back the illegally collected salary as well!

  • Hopefully everyone sees what a big freaking idiot she is and people won’t vote for her again.

  • Diyonne, Remember that all crooks works together. And for all these people making negative comments calling you out with ugly names, their just as crooked as the system is. I have no trust in judges anyway. Keep fighting. 💪🏾

    • KM…you left out the part that “birds of a feather flock together.” No wonder you’re just giving her positive reinforcement instead of telling her she should have stepped down when she discovered she wasn’t eligible to represent the district she was elected for.
      Since you don’t trust judges you probably don’t trust law enforcement either. Life is so much better when you can’t trust anyone and you think you only have to obey “your” rules.

      There’s an overabundance of people who get pulled over for minor traffic violations who feel the same way. Unfortunately, some get charged for far worse and some end up being shot.

    • Larry King (2017): Author and filmmaker Dinesh D’Sousa says the ‘real’ fascists in America are members of the Democratic left

  • If nothing else, she has too much personal baggage to be “re-elected” at this point. A lot of time would be wasted listening to her constant sanctimonious BS about being a martyr and how she has been redeemed, etc. Let her worry about her group homes and her son.

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