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Reason
Reason
Politics
Eugene Volokh

INSANE: Harassment restraining orders and res judicata | Vintage Vibes

From Klement v. Kofsman, decided March 30 by the Florida Court of Appeal (Chief Judge Mark Klingensmith, joined by Judges Martha Warner and Spencer Levine); note that Kofsman was the plaintiff here, and Klement was the defendant:

The parties were next door neighbors whose daughters attended the same daycare center and became friends. [Kofsman] alleged that acrimony developed between the two families due to some religiously bigoted [anti-Semitic] statements, leading Klement to refuse permission for her daughter to play with A.K. Klement purportedly told A.K. on at least five occasions that "my daughter doesn't want to play with you," causing the child to cry. This led to a text message exchange between Klement and [Kofsman]'s wife with the latter asking Klement to "please stop harassing my child, husband and me," and Klement in return calling her a "horrible person."

In another alleged incident, A.K. was having an outside playdate with another child in the neighborhood when Klement approached and instructed her daughter to give a gift to the other child. When A.K. attempted to say hello to Klement's daughter, Klement allegedly began screaming, "Stop approaching my children," and "I'll call the police if you say hi to my child."

During other episodes in this simmering conflict, [Kofsman]'s wife called the police a few times to report Klement. On one occasion, she called the police non-emergency line because Klement had placed a "please honk your horn for a birthday" sign in front of their homes. After eight hours of hearing horns honking about every fifteen minutes, [Kofsman]'s wife contacted the police, who sent an officer to the Klement home for a report about a disturbance to the neighborhood.

Another event involved [Kofsman]'s decision to hang a swing on a tree behind their house for A.K. Three days after hanging the swing, [Kofsman] found it had been removed. The neighborhood's homeowner's association informed [Kofsman] that it removed the swing because Klement had notified it that the swing was on her property. Eventually, [Kofsman] and his family rented out their townhouse and moved to a different location.

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