The family of murdered fashion designer Gianni Versace filed the following suit December 30, 1997 to prevent the public release of his autopsy photographs. Versace was gunned down July 15, 1997 on the steps of his Miami Beach mansion allegedly by suspected spree-killer Andrew Cunanan.

IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY, FLORIDA
CASE NO. 97-29417 CA 32
GIANNI VERSACE, S.P.A.,
a foreign corporation,
DONATELLA VERSACE,
and SANTO VERSACE,

Plaintiffs,

vs.

OFFICE OF THE STATE ATTORNEY,
ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA (DADE COUNTY), a state agency
sued therein as a nominal defendant,

the FLORIDA DEPARTMENT OF LAW
ENFORCEMENT,a state agency,
the CITY OF MIAMI BEACH, a Florida
municipal corporation, the DADE COUNTY
MEDICAL EXAMINER'S DEPARTMENT,
a public agency, and JACKSON MEMORIAL
HOSPITAL, a public agency,

Defendants.

Plaintiffs Gianni Versace, S.P.A. ("GVSPA"), Donatella Versace ("Donatella") and Santo Versace ("Santo"), hereby sue the State Attorney's Office of Dade County, Florida (the "State Attorney"), as a nominal defendant only, and further sue Defendants, the Florida Department of Law Enforcement (the "FDLE"), the City of Miami Beach (the "City"), the Dade County Medical Examiner's Office ("DCME"), and Jackson Memorial Hospital ("JMH"), for declaratory and injunctive relief, and allege:

JURISDICTION

1. This is an action for declaratory, and temporary and permanent injunctive relief pertaining to the Florida Public Records Act, Ch. 119, Fla. Stat., and this action is within the jurisdiction of this Court pursuant to <&167#;>26.012(c) and Chapter 86, Fla. Stat.

THE PARTIES

2. GVSPA is a corporation organized and existing under the laws of Italy, and operates in part to further the fashion design and art of the now-deceased fashion designer, Mr. Gianni Versace.

3. Donatella is the surviving sister of Mr. Gianni Versace and is sui juris.

4. Santo is the surviving brother of Mr. Gianni Versace and is sui juris.

5. The State Attorney is a public agency subject to the Public Records Act, Ch. 119, Fla. Stat. (the "Public Records Act"), and for purposes of this action, functions as a "criminal justice agency" within the meaning of <&167#;><&167#;>119.011(1) and (4), Public Records Act. The State Attorney, having joined in relief sought herein pursuant to a separate contemporaneously filed Motion for Non-Disclosure, is sued herein only as a nominal defendant.

6. The FDLE is a public agency of the State of Florida, is subject to the Public Records Act, and for purposes of this action, functions as a "criminal justice agency" within the meaning of §§ 119.011(1) and (4), Public Records Act.

7. The City is a Florida municipal corporation located in Dade County, Florida, and is subject to the Public Records Act.

8. DCME is an official agency of, and functions as the coroner's office for, Dade County, Florida, and is subject to the Public Records Act. DCME also functions as a "criminal justice agency" within the meaning of § § 19.011(1) and (4), Public Records Act.

9. JMH is an official agency of, and functions as a public hospital in, Dade County, Florida, and is subject to the Public Records Act.

VENUE

10. The subject mater of this action is the release, pursuant to the Florida's Public Records Act, of certain criminal investigation files generated and maintained in connection with the criminal investigation of the murder of Mr. Gianni Versace in Dade County, Florida. Therefore, venue properly lies in Dade County pursuant to § 47.011, Fla. Stat.

GENERAL ALLEGATIONS

11. Mr. Gianni Versace was recently murdered while walking near his home in the South Beach area of Miami Beach, Florida.

12. Mr. Versace's murder prompted a criminal investigation that included the participation of numerous local and state government agencies in the State of Florida, including these Defendants.

13. As a result of this investigation, Defendants have generated and compiled criminal investigative files.

14. Upon completion of the criminal investigation, certain documents contained in such files will become subject to public inspection pursuant to Chapter 119, Florida's Public Records Act.

15. Plaintiffs have not been given access to Defendants' investigative files. However, upon information and belief, Plaintiffs believe the files contain certain documents and information exempt from Florida's Public Records Act, and therefore not subject to public disclosure. Plaintiffs further believe the files may contain autopsy and other post-death photographs that should be exempt from the Public records Act under applicable law and constitutional principles.

16. The State Attorney is the agency responsible for coordinating the criminal investigation and the release of the criminal investigative files in the possession of the various Defendants. Plaintiffs have demanded, in writing, that all documents and materials that are statutorily exempt from disclosure under the Public Records Act not be released. Plaintiffs have further demanded that the autopsy and other post-death photographs, drawings and/or videotapes of Mr. Gianni Versace not be publicly released.

17. The State Attorney and the City have acknowledged that they will withhold all materials and information that is statutorily exempt from disclosure. The State Attorney has also determined that it will not release any autopsy and other post-death photographs, drawings, and/or videotapes of Mr. Versace contained in its files, and that as a coordinating agency for the other Defendants, it joins with Plaintiffs in this request for an order from this Court prohibiting the release of the autopsy and other post-death photographs, drawings and/or videotapes of Mr. Gianni Versace. For this reason, the State Attorney is sued herein only as a nominal defendant.

18. Upon information and belief, autopsy and other post-death photographs, drawings, and/or videotapes of Mr. Versace may be contained in the investigative files maintained by each of the Defendants.

19. Defendants must abide by any final order entered by the highest court with respect to the release of autopsy and other post-death photographs, drawings, and/or videotapes, and must make such materials available for an in camera inspection by this Court.

20. All conditions precedent to the bringing of this action have been fulfilled, performed, waived or excused.

COUNT I -- DECLATORY RELIEF

21. Plaintiffs hereby reallege and reassert each and every allegation set forth in paragraphs 1 through 20 hearinabove as if fully set forth herein.

22. Plaintiffs believe, pursuant to the Florida Constitution, and under the authority of Post-Newsweek Station, Florida Inc. v. Doe, 612 So.2d 549 (Fla. 1992) and Florida v. Rolling, 22 Media Law Reporter 2264, 1994 WL 722891 (Fla. Cir. Ct.) and New York Times v. NASA, 782 F. Supp 628 (D.D.C. 1991) that their privacy rights, as the immediate family of Mr. Versace, will be violated if any autopsy or post-death photographs, drawings or videotapes taken of Mr. Versace's body be permitted to be inspected or copied in any manner whatsoever.

WHEREFORE, Plaintiffs request that the Court enter a declatory judgement that release of any autopsy or other post-death photographs, drawings or videotapes taken of Mr. Versace's body for inspection or copying in any manner would violate their rights under the Florida Constitution by virtue of the authority cited in paragraph 22 above.

COUNT II -- TEMPORARY AND PERMANENT INJUNCTION

23. Plaintiffs hereby reallege and reassert each and every allegation set forth in paragraphs 1 through 20 herein above as if fully set forth herein.

24. Plaintiffs herein seek an order from this Court enjoining the release of any and all autopsy and other post-death photographs, drawings and/or videotapes taken of Mr. Gianni Versace.

25. Plaintiffs demand, pursuant to the Florida Constitution, and under the authority of Post-Newsweek Station, Florida Inc. v. Doe, 612 So.2d 549 (Fla. 1992) and Florida v. Rolling, 22 Media Law Reporter 2264, 1994 WL 722891 (Fla. Cir. Ct.) and New York Times v. NASA, 782 F. Supp. 682 (D.D.C. 1991), that their privacy rights, as the immediate family of Mr. Versace, be protected, and that no autopsy or other post-death photographs, drawings or videotapes taken of Mr. Versace's body be permitted to be inspected or copied in any manner whatsoever.

26. Plaintiffs have no adequate remedy at law and would suffer irreparable harm unless the injunctive relief requested herein is granted. For the reasons set forth above, granting the injunctive relief requested herein would be in the public interest.

27. Plaintiffs have notified those persons known to them who have requested Defendants' public files of the pendancy of this action (see Exhibit B), and will notify such persons of any hearing scheduled on Plaintiffs' demand for injunctive relief.

28. Plaintiffs have a substantial likelihood of prevailing on the merits of this action.

WHEREFORE, Plaintiffs request that the Court:

A. Enter a temporary injunction decreeing that Defendants shall not release any autopsy or post-death photographs, drawings or videotapes taken of Mr. Versace's body for inspection or copying in any manner.

B. After final hearing, enter a permanent injunction decreeing that Defendants shall not release any autopsy or other post-death photographs, drawing or videotapes taken of Mr. Versace's body for inspection or copying in any manner.

C. Grant any other and further relief that the Court deems just and appropriate.

Dated: December 30, 1997

THOMSON MURARO RAZOOK & HART, P.A.
One Southeast Third Avenue
17th Floor
Miami, Florida 33131
Tel. (305) 350-7200 By: /sig/
Parker D. Thomson (Fla. Bar #081225)

Attorneys for Plaintiffs Gianni Versace, SPA; Donatella Versace; and Santo Versace

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