Kruidbos First Amended Complaint 1-21-14

transcript

8/13/2019 Kruidbos First Amended Complaint 1-21-14

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LAW OFFICE OF WESLEY F. WHITE2

2. Florida Statutes 92.57 provides:

92.57 Termination of employment of witness prohibited. — A person who testifies

in a judicial proceeding in response to a subpoena may not be dismissed fromemployment because of the nature of the person’s testimony or because of absences

from employment resulting from compliance with the subpoena. In any civil action

arising out of a violation of this section, the court may award attorney’s fees and

punitive damages to the person unlawfully dismissed, in addition to actual damages

suffered by such person.

History. — s. 1, ch. 90-185.

3. Contrary to the provisions of Florida Statutes 92.57, KRUIDBOS was terminated

by Defendant on Thursday July 11, 2013 in retaliation for having testified on June 6, 2013,

pursuant to a subpoena, before the circuit court in and for Seminole County in State v. Zimmerman, Case No. 2012-001083-CFA. The nature of Plaintiff’s testimony related to the

suspected violation by the State Attorney’s Office of its reciprocal discovery obligations under

the Florida Rules of Criminal Procedure, and under Florida and federal law. A copy of the

subpoena is attached hereto as “Exhibit A”. A copy of the letter of termination is attached hereto

as “Exhibit B”.

4. The letter of termination dated July 11, 2013, and signed by Cheryl Peek,

references Plaintiff’s testimony.

5. The letter of termination pretextually references other alleged misconduct of the

Plaintiff. Notwithstanding those allegations of misconduct, but for the nature of Plaintiff’s

testimony Plaintiff would still be employed by Defendant.

6. The unlawful conduct of Defendant in terminating Plaintiff was an intentional and

knowing violation of the law and of Plaintiff’s rights, and purposefully, maliciously, directly,

proximately, and foreseeably resulted in pecuniary damage to Plaintiff. Those damages include,

but are not limited to, loss of income, diminishment of Plaintiff’s ability to seek employmentelsewhere, damage to Plaintiff’s standing and reputation in the professional community, and

emotional distress.

7. Plaintiff has complied with any conditions prerequisite to bringing this action.

13. The investigation by the Florida Commission on Human Relations of Plaintiff’s

administrative whistle-blowers complaint terminated on December 30, 2013. Plaintiff disagrees

with the Commission’s decision to terminate its investigation and has elected to file a whistle-

blower complaint with this court.

14. The unlawful conduct of Defendant in terminating Plaintiff was an intentional and

knowing violation of the law and of Plaintiff ’s rights, and purposefully, maliciously, directly,

proximately, and foreseeably resulted in pecuniary damage to Plaintiff. Those damages include,

but are not limited to, loss of income, diminishment of Plaintiff ’s ability to seek employment

elsewhere, damage to Plaintiff ’s standing and reputation in the professional community, and

emotional distress.

15. Plaintiff has complied with any conditions prerequisite to bringing this action.

16. Plaintiff is obligated to pay his attorney a reasonable fee for his services rendered

in this cause.

WHEREFORE Plaintiff demands:

A. Compensatory and special damages.

B. An award of attorney’s fees.

C. Such other relief as the court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff, in accordance with Rule 1.430, Florida Rules of Civil Procedure, requests Jury

Trial of all issues contained herein so triable.

Respectfully Submitted,

BY: _____________________Wesley F. White, EsquireAttorney for PlaintiffPost Office Box 17015Fernandina Beach, FL 32035Tel. 904.335.8335Email: wfwhite@gmail.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has beenelectronically filed with the Clerk of the Court, with a copy hereof emailed to Robert G. Riegel,Jr., Esq., counsel for Defendant at robert.riegel@fowlerwhite.com, this 31st day of January 2014.

BY: _____________________Wesley F. White, Esquire

EXHIBIT A

EXHIBIT B

EXHIBIT C

Kruidbos First Amended Complaint 1-21-14

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