Exactly Torie. A terrible legal case was made It's making me crazy!!
Attorney Gibbs phone number is: 727-399-8300, but it is open 9 - 5 p.m.
However, they have an answering service.
Gibbs had to plead a civil rights cause of action because that is what the law said. The court had to try the case de novo without regard to the rulings of the state court because that is what the law said. You are trying to argue that Gibbs pleadings gave the judge no option but to rule one way, when the law gave him no option but to try the case.
Furthermore, I suggest you actually read Whittmore's decision. It is the most circular piece of reasoning I have seen from an otherwise intelligent educated individual and I am amazed at how many attorneys here don't see what is so obvious. Whittmore's decision that Terri's civil rights were not violated is based on the findings of the trial court, findings which the law required him to set aside.
IOW there is no way that the judge could reach a decision in this matter than to try the case.