From Judge Brian Davis (M.D. Fla.) in Shorstein v. Hardwick (M.D. Fla.):
The facts giving rise to this case follow Plaintiff's claim of being sexually battered on April 20, 2018. Plaintiff was participating in her bachelorette party with dinner and drinks at several local bars. As her friends trickled away, Plaintiff remained and continued drinking alcohol. She could not recall the circumstances completely, but she remembered calling for an Uber and then being sexually assaulted in the passenger seat of a vehicle.
Plaintiff submitted to a sexual assault examination at the Family Life Center. Plaintiff also filed a police report and contacted Defendant Undersheriff Matthew Cline ("Cline") to arrange for an interview between Plaintiff and law enforcement officers from the St. John's Sheriff's Office ("SJSO").
Law enforcement officers began investigating Plaintiff's claims immediately and were able to discover the alleged assailant's name. Officers also interviewed the bartender serving Plaintiff immediately before the incident. The bartender stated that the pair were very close at the bar and may have been kissing before leaving together. Video and photographic evidence showed the two dancing and touching while at the bar.
The alleged assailant denied assaulting Plaintiff. He claimed that before leaving together the two kissed in his truck. As he was driving Plaintiff home, he claims she began touching his crotch before Plaintiff asked him to pull over where the pair engaged in what he described as consensual sexual intercourse.
He admitted to ripping Plaintiff's panties when he pulled them to the side, and Plaintiff was photographed with injuries to her left wrist after the incident. Plaintiff left the vehicle and waived down another driver and awoke in that person's car. Ultimately, Plaintiff declared that she did not want the investigation to go further once the alleged assailant was identified, and law enforcement ceased further efforts. Defendant Cline found the alleged assailant's version of events to be more corroborated by the evidence.
