LAW OFFICE OF WESLEY F. WHITE 1 IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR DUVALCOUNTY, FLORIDA BERNARD ALBERT KRUIDBOS, : CASE NO.: 16-2013-CA-007407 : DIVISION: CV-BPlaintiff, : : vs. : : FIRST AMENDED: 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, KRUI DBOS was employed by the Defendant as the Information Technology Director for the State Attorney’s Office in and for the 4 th Judicial Circuit of the State of Florida. Defendant, ANGELA B. COREY, is being sued in her official capacity as State Attorney in and for 4 th Judicial Circuit of the State of Florida. Defendant maintains o ffices in Clay, Nassau, and Duval Counties . Defendant’s headquarters are maintained in Duval County , Florida. Plaintiff sues Defendant, incorporates the above allegations, and further alleges: COUNT I A.This is an action for damages, exclusive of attorney’s 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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8/13/2019 Kruidbos First Amended Complaint 1-21-14
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.
8/13/2019 Kruidbos First Amended Complaint 1-21-14
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 [email protected], this 31st day of January 2014.