Causes of Action - Kruidbos - 92_57 - Complaint - Final (1)

8/22/2019 Causes of Action - Kruidbos - 92_57 - Complaint - Final (1)

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LAW OFFICE OF WESLEY F. WHITE1

IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT IN AND FOR

DUVALCOUNTY, FLORIDA

BERNARD ALBERT KRUIDBOS, : CASE NO.: DIVISION:

Plaintiff, ::

vs. ::: COMPLAINTFOR DAMAGES:

ANGELA B. COREY, in her official capacity as : DEMAND FOR JURY TRIAL

STATE ATTORNEY FOR THE FOURTH :JUDICIAL CIRCUIT OF FLORIDA, ::

Defendant. : FL Bar No. 273392:

_____________________________________________/

Plaintiff, BERNARD ALBERT KRUIDBOS (hereinafter KRUIDBOS), is a natural

person and a resident of Nassau County, Florida. At all times material hereto, KRUIDBOS was

employed by the Defendant as the Information Technology Director for the State AttorneysOffice in and for the 4th Judicial Circuit of the State of Florida.

Defendant, ANGELA B. COREY, is being sued in her official capacity as State Attorney

in and for 4th Judicial Circuit of the State of Florida. Defendant maintains offices in Clay,

Nassau, and Duval Counties. Defendants headquarters are maintained in Duval County, Florida.

Plaintiff sues Defendant, incorporates the above allegations, and further alleges:

COUNT I

1. This is an action for damages, exclusive of attorneys fees and costs, in excess of

FIVE MILLION DOLLARS ($5,000,000), caused by the unlawful and intentional conduct of

Defendant.


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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 persons 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 attorneys 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 Plaintiffs testimony related to the

suspected violationby the State Attorneys 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 Plaintiffs testimony.

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

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

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 Plaintiffs 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 Plaintiffs ability to seek employmentelsewhere, damage to Plaintiffs standing and reputation in the professional community, and

emotional distress.

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


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8. 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 attorneys fees.B. 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 JuryTrial of all issues contained herein so triable.

Respectfully Submitted,

BY:_________________________Wesley F. White, Esquire

Attorney for PlaintiffPost Office Box 17015Fernandina Beach, FL 32035Tel. 904.335.8335Email: [email protected]


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EXHIBIT A


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EXHIBIT B


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Documents

Causes of Action - Kruidbos - 92_57 - Complaint - Final (1)