IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

BERNARD ALBERT KRUIDBOS,

: CASE NO.: 16-2013-CA-007407 : DIVISION: CV-B Plaintiff, : : vs. : : FIRST AMENDED : COMPLAINT FOR 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 Attorneys Office 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:

A.

COUNT I 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 from employment 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 violation by 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 of Plaintiffs 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 employment elsewhere, 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: B. Compensatory and special damages. C. An award of attorneys fees. D. Such other relief as the court deems just and proper.

COUNT II 9. This is an action for damages within the jurisdictional limits of this court grounded on Floridas Whistle-blowers Act. 10. Contrary to the provisions of Florida Statutes 112.3187, Plaintiff was the victim of retaliatory action (in the form of an adverse personnel action) by Defendant, a State Agency, when Plaintiff was terminated from employment. Plaintiff was terminated because of the content of his testimony given (pursuant to a subpoena) before the circuit court in and for Seminole County in State v. Zimmerman, Case No. 2012-001083-CFA, on June 6, 2013. 11. The nature of Plaintiffs testimony related to the suspected violation, by Defendant, of Defendants reciprocal discovery obligations under the Florida Rules of Criminal Procedure in a criminal prosecution. Such a violation falls within the inherent authority of the circuit court to sanction the conduct and actions of attorneys before the court. Such a violation constitutes gross neglect of duty, and a violation of the law that presents a clear and present danger to the publics welfare. 12. As a result of Defendants action, on or about July 30, 2013, Plaintiff filed a complaint with the Florida Commission on Human Relations pursuant to Floridas Whistleblowers Act. Said complaint was received on or about August 2, 2013 by the Florida Commission on Human Relations and assigned case number 201301613. A copy of the complaint is attached hereto as Exhibit C.

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13. The investigation by the Florida Commission on Human Relations of Plaintiffs administrative whistle-blowers complaint terminated on December 30, 2013. Plaintiff disagrees with the Commissions decision to terminate its investigation and has elected to file a whistleblower complaint with this court. 14. 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 employment elsewhere, damage to Plaintiffs 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. C. An award of attorneys fees. 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, Esquire Attorney for Plaintiff Post Office Box 17015 Fernandina Beach, FL 32035 Tel. 904.335.8335 Email: wfwhite@gmail.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically 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

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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