Second federal civil rights lawsuit filed against city of New Port Richey

Former New Port Richey resident Michelle Wojciechowski is suing the city of New Port Richey in federal court for violating her civil rights. That’s after police and code enforcement reportedly broke into her home last year for suspected code violations, then made anti-Semitic remarks.

Creative Loafing Tampa Bay obtained a video from March 16, 2022, of New Port Richey police officers assisting code enforcement at a private property for alleged code violations. In the video, officers are inspecting what looks like a newly-erected wall. Police and code enforcement comment that a stairway is next to the addition.

“It’s like Anne Frank,” the police officer wearing the body camera whispers.

Wojciechowski, who is Jewish, says she didn’t know about the search in advance, and claims the city brought a locksmith to break into her home because no one was there. The video also shows officers rifling through her personal belongings.

“I never thought something so insignificant could give you legitimate post traumatic stress disorder,” Wojciechowski told CL. “There are days where I’m just driving down the road, and I’m thinking about everything and start to go through the stages of grief.”

She moved to New Port Richey from New York, and purchased a property in hopes of starting a health center. Ultimately, Wojciechowski left New Port Richey as a result of what she describes as repeated harassment, stalking, and the chilling of her First Amendment rights.

“I had to uproot my life and go to an entirely different state and start my life over,” Wojciechowski said. “It put us back financially, and put a strain on my relationship, work, life, everything.”

Her attorney, Kevin K. Ross-Andino, is also representing Faith in Florida organizer Marlowe Jones, who was falsely arrested and accused of felony battery on law enforcement. Jones was acquitted by a jury trial on May 5, 2022.

The lawsuit was filed Aug. 21 in Florida’s Middle District court, and also names New Port Richey city attorney Timothy Driscoll and Charles Morgan, the code enforcement manager that oversaw the inspection.

According to public records, Morgan spied on her water use levels to see when she was home, and ran her license plate through a police scanner 22 times between November 2021 and May 2022.

From there, she says cases would get dismissed just before going to court, only to be replaced with new alleged violations. The cycle continued. The criminal charges against Wojciechowski were ultimately dropped after she got a criminal attorney to represent her.

“Nothing happened,” Wojciechowski said. “It was all for nothing.”

On March 13, 2022, Driscoll was originally arrested and charged with a DUI and improper turn/wrong lane/too wide. In body camera footage obtained by CL, Driscoll failed a sobriety test after driving another car off the road in St. Pete. Ultimately, Driscoll pleaded guilty to the lesser charge for an improper turn.

Last week, Driscoll responded to Wojciechowski’s complaint in court, essentially dismissing everything she’s alleging against him. Driscoll’s response also claims that he’s a state prosecutor, and therefore immune to those proceedings. It’s not clear if that’s true at this time.

“It broke me down,” Wojciechowski said of Driscoll’s response. “Some of the stuff he wrote was just blatant lies.”

CL contacted Driscoll for comment but didn’t hear back by publication.

What is known is that Driscoll has lied about his position before.

During his arrest on March 13, 2022, Driscoll said he was an attorney for the city of St. Pete. But that wasn’t true.

And his legal opinions have landed other other cities in hot water. In 2007, Driscoll reportedly resigned as the city attorney for St. Pete Beach after then-city commissioner Linda Chaney said Driscoll gave the city “duplicitous advice.”

Now, Driscoll is attached to not one but three federal lawsuits against the City of New Port Richey. The third was filed last week by Ross-Andino on behalf of NPR resident Shinikki Whiting who they claim had her civil rights violated after NPR police tried to falsely charged with felony battery on a law enforcement officer.

And yet, on Aug. 15, the City Council re-appointed Driscoll as city attorney for one year beginning September 6. When Driscoll was re-appointed to the position, some in the public, including organizer Marlowe Jones, voiced concerns.

“This is the same attorney who tried to go after Black Lives Matter activists with noise violations,” Marlowe Jones said at the Aug. 15, 2023 meeting. “If you’re going to go give this man a job and keep letting him take the city’s money, but not give a damn about the residents, shame on you.”

Driscoll, who’s been in the position since 2016, didn’t ask for a wage increase this year. He reportedly makes $11,000 a month from the city for his services.

“It makes me realize why I have to proceed with this lawsuit,” Wojciechowski said. “I’m in a position where I have some fight left in me.”

A trial date hasn’t been set yet.

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This article appears in Oct 5-11, 2023.