MIAMI, Fla., February 22, 2018 – During the protracted dispute between homeowners on neighboring islands and the developers of Privé at Island Estates, one homeowner’s actions led to her arrest. Subsequently, she filed a lawsuit against Privé Developers and its principals claiming malicious prosecution, negligent reporting to the police and defamation. A federal judge found these claims did not withstand legal scrutiny and recently entered final judgment to Waldman Barnett’s clients without trial, thus ending the matter favorably for Privé and its principals.
The homeowner, Dara Clarke, was arrested in 2015 after her husband, David Clarke, drove over a construction crew’s freshly poured sidewalk in front of their home on the South Island. (Completion of the sidewalk on the South Island became a pre-condition to the issuance of the first building permit to start construction of Privé on the North Island.) Officers responding to the incident took Ms. Clarke into custody for disturbing the peace and resisting arrest. She was later also charged with criminal mischief. The charges were subsequently dropped by the police.
In her lawsuit, Ms. Clarke claimed that her arrest was based on false reporting to the police and defamation by certain Prive principals for allegedly disseminating information about her arrest to local media outlets.
According to an article, published by The Real Deal, Ms. Clarke plans to appeal.