HomeMy Public PortalAboutCase 2014CA011806 AB Ward"•" CASE NUMBER: 2014CA011806 DIVISION: AB ••"
Filing # 18714245 Electronically Filed 09126/2014 01:40:43 PM
MARTIN O'BOYLE
Plaintiff,
V.
WILLIAM H. THRASHER (INDIVIDUALLY),
GARRET WARD (INDIVIDUALLY),
TOWN OF GULF STREAM,
Defendants
THE STATE OF FLORIDA
To each Sheriff of the State:
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.:
SUMMONS
YOU ARE COMMANDED to serve this summons and a copt bf the complaint in this
law suit on defendant: 22p
Garret Ward, Individually
100 Sea Road
Gulf Stream, Florida 33 3
Each defendant is required to serve written defenses to the complaint or petition on Vrenda
Cain, Plaintiff's attorney, whose address is 1286 West Newport Center Drive, Deerfield
Beach, Florida 33442, within twenty (20) days after service of this summons on that defendant,
exclusive of the day of service, and to file the original of the defenses with the clerk of this court
either before service on plaintiffs attorney or immediately thereafter. If a defendant fails to do
so, a default will be entered against the defendant for the relief demanded in the complaint or
petition.
DATED on August 2014
The O'Boyle Law Firm P.C.
SEP 29 2014 Attorneys for the Plaintiff
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
,L ctgL, Telephone: (954) 574 -6885
Facsimile: (954) 360 -0807
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Court
v Belva Hamilton SHARON R. BOCK
�o Clerk & Comptroller
o F F t oQ p (j L-/6 West Box 4667
West Palm Beach, Florida
33402 -4667
MARTIN E. O'BOYLE
Plaintiff,
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WILLIAM H. THRASHER (INDIVIDUALLY),
GARRET WARD (INDIVIDUALLY),
TOWN OF GULF STREAM,
Defendants
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2014CA0011806
COMPLAINT
The Plaintiff, MARTIN E. BOYLE, ( "Plaintiff'), by and through the undersigned
counsel, hereby sues WILLIAM H. THRASHER, individually, GARRETT WARD,
individually, and TOWN OF GULFSTREAM ( "Defendants ") and states:
1. This action concerns each of the Defendants' violation of Plaintiff s civil rights
pursuant to 42 U.S.C. § 1983 and Florida common law. Tort Claims Act causes of action to
follow later by amendment.
2. This action seeks declaratory and equitable relief.
PARTIES, JURISDICTION AND VENUE
3. Martin E. O'Boyle ("Plaintiff') is a Florida resident who resides in Palm Beach
County.
4. The individual defendants both reside and are employed in Palm Beach County at the
Town of Gulf Stream which is a Florida municipal government.
5. This Court has subject matter jurisdiction pursuant to Article V, § 5(b) of the Florida
Constitution and Article VI of the U.S. Constitution (the "Supremacy Clause ").
6. This Court is the appropriate venue for the vindication of the Plaintiff's civil rights
because the Defendants both live and work in Palm Beach County and the incidents complained
of occurred in Palm Beach County.
7. All conditions precedent to this action have occurred or have been excused or waived.
FACTS RELEVANT TO COUNTS AGAINST GARRET WARD
8. On July 15'h, 2014, the Plaintiff was in Town Hall, specifically in Town Clerk Rita
Taylor's office with Clerk Taylor and Garret Ward, who works as the Town's Police Chief.
9. The Plaintiff's associate was filming with the Plaintiff while in Town Hall. The Town
of Gulf Stream had previously demanded that the Plaintiff produce any authority which purports
to allow Plaintiff to videotape in a public building.
10. The Plaintiff showed Town Clerk Taylor a court order from Atlantic County, New
Jersey concerning Plaintiffs ability to videotape while in public buildings. The Town Clerk
copied the docket number and other information so that the court document could be sufficiently
identified and retrieved through a public records request.
11. Garret Ward also requested to inspect the Plaintiff s New Jersey court order and the
Plaintiff obliged Mr. Ward.
12. Mr. Ward then seized Plaintiff's document and told the Plaintiff that he was going to
copy it, thereby seizing the document to copy information which was against the Plaintiff s will.
The Plaintiff immediately and unequivocally instructed Mr. Ward that he did not consent to have
the document copied, only inspected and returned. The Plaintiff informed Mr. Ward that he
would like to take the document back whereupon Mr. Ward, carrying a firearm and clearly
annoyed with the Plaintiff, turned around and told the Plaintiff, "Don't be foolish." The Plaintiff
then stated, "That's not your property."
13. The Plaintiff told Mr. Ward several times that he did not consent to Mr. Ward's
possession of the document for the purposes of copying and demanded that it be returned. Mr.
Ward said to the Plaintiff that he needed to "act like an adult."
14. The Plaintiff approached the Town copy machine and informed Mr. Ward that the
Town Clerk already has all of the information necessary to identify and retrieve the court order.
15. The Plaintiff positioned his right hand over the feeder of the copy machine in an
attempt to take possession of the document before it could be copied. Mr. Ward then grabbed
Plaintiff's right -hand wrist and forearm to prevent the Plaintiff from retrieving his document.
16. The Plaintiff quickly retrieved the document with his left hand, before it was copied.
Mr. Ward became furious and shoved the Plaintiff with his whole body almost knocking him
onto the sharp edges of a nearby desk. Mr. Ward not only had previous knowledge that Plaintiff
had balance issues, it was also obvious to him by mere observance.
17. Mr. Ward then grabbed Plaintiff's right wrist and elbow with both hands and forcibly
ejected the Plaintiff from the copy machine area.
18. Mr. Ward then notified the Plaintiff that he was being disruptive and that he would be
arrested if he did not immediately leave the building.
19. A few minutes later, Mr. Ward expressed dismay to the clean air technician whom
had accompanied Plaintiff to Town Hall that day to take air samples. When Plaintiff asked if his
technician would be arrested if he continued to take air samples, so that the Plaintiff could decide
whether to relieve his technician of his contract, Mr. Ward responded, "No, I am not gonna arrest
him. He is a pawn. He is a pawn. I don't arrest people like that."
COUNT I- BATTERY
20. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs I
through 19 as if fully alleged herein.
21. Mr. Ward, acting out of anger, intentionally grabbed the Plaintiff's wrist and arms
and shoved him near the copy machine on July 15, 2014. Such a touching was without consent
and was patently offensive. The Plaintiff is 62 years old with visible balance issues and his
proximity to a sharp metallic filing cabinet created an outrageously dangerous situation. Plaintiff
notes that Mr. Ward's grip was very strong and caused the Plaintiff undue pain.
22. Mr. Ward acted intentionally in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for human rights, safety, and property.
23. Plaintiffs believes that Mr. Ward is becoming increasingly irate with him and "short
fused." His verbal abuses are uncalled for and malicious. Plaintiff believes that he should feel
free to conduct public business in Town Hall and within the Town without being in imminent
fear of another battery.
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constitutes common law battery;
(b) Enjoin the Defendant from unlawfully battering the Plaintiff in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so
long as Mr. Ward is employed there and b.) for garden- variety emotional distress
including but not limited to mental anguish, loss of dignity, humiliation, embarrassment,
and fear of battery, as well as costs, and prejudgment interest.
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(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
COUNT II — ASSAULT
24. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs I
through 19 as if fully alleged herein.
25. Mr. Ward, acting out of anger, intentionally grabbed the Plaintiff's wrist and arms
and shoved him near the copy machine on July 15, 2014. Such a touching was without consent
and was patently offensive. The Plaintiff apprehended such a battery prior to any physical
contact.
26. Mr. Ward acted intentionally in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for human rights, safety, and property.
27. Plaintiffs believes that Mr. Ward is becoming increasingly irate with him and "short
fused." His verbal abuses are uncalled for and malicious. Plaintiff believes that he should feel
free to conduct public business in Town Hall and within the Town without being in imminent
fear of another assault.
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constitutes common assault;
(b) Enjoin the Defendant from unlawfully assaulting the Plaintiff in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so
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long as Mr. Ward is employed there and b.) for garden - variety emotional distress
including but not limited to mental anguish, loss of dignity, humiliation, embarrassment,
and fear of battery, as well as costs, and prejudgment interest.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
COUNT III — UNLAWFUL SEIZURE- PAPERS
28. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 19 as if fully alleged herein.
29. On July 15, 2014, Mr. Ward was acting under color of law, dawning a uniform,
badge, and firearm, the entire time during his encounter with the Plaintiff.
30. Mr. Ward failed to return Plaintiff s papers after Plaintiff terminated his consent for
Mr. Ward to search them.
acted.
31. Mr. Ward was less than 2 seconds away from copying the papers when Plaintiff
32. Mr. Ward violated clearly established Fourth and Fourteenth Amendment law as he
had no warrant, no probable cause, and no reasonable suspicion to detain Plaintiffs papers.
Plaintiff felt that he was not secure in his papers when Mr. Ward's consent to search was
terminated.
33. Plaintiff s federal constitutional rights were violated and he seeks redress through 42
U.S.C. § 1983.
34. Mr. Ward is an experienced law enforcement professional who knew that such a
seizure constituted a constitutional violation.
rights;
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constituted a violation of Plaintiff's federal
(b) Enjoin the Defendant from unlawfully seizing Plaintiffs papers in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so long as
Mr. Ward is employed there and b.) for garden - variety emotional distress including but not
limited to mental anguish, loss of dignity, humiliation, embarrassment, and fear of battery, as
well as costs, and prejudgment interest.
action.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
COUNT IV — UNLAWFUL SEIZURE- PERSON
35. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs I
through 19 as if fully alleged herein.
36. On July 15, 2014, Mr. Ward was acting under color of law, dawning a uniform,
badge, and firearm, the entire time during his encounter with the Plaintiff.
37. Mr. Ward failed to return Plaintiff's papers after Plaintiff terminated his consent for
Mr. Ward to search them.
38. Mr. Ward was less than 2 seconds away from copying the papers and thus seizing the
information contained therein when Plaintiff acted.
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39. Mr. Ward grabbed Plaintiff with requisite force to inflict pain and to direct Plaintiff's
forward movement.
40. Mr. Ward violated clearly established Fourth and Fourteenth Amendment law as he
had no warrant, no probable cause, and no reasonable suspicion to grab Plaintiff's wrist and
elbow in order to restrict or direct his physical movement.
41. Plaintiff's federal constitutional rights were violated and he seeks redress through 42
U.S.C. § 1983.
42. Mr. Ward is an experienced law enforcement professional who knew that such a
seizure constituted a constitutional violation.
rights;
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constituted a violation of Plaintiff's federal
(b) Enjoin the Defendant from unlawfully seizing Plaintiff's papers in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so long as
Mr. Ward is employed there and b.) for garden- variety emotional distress including but not
limited to mental anguish, loss of dignity, humiliation, embarrassment, and fear of battery, as
well as costs, and prejudgment interest..
action.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
H
COUNT V — UNLAWFUL SEIZURE - PAPERS (Municipal Liability)
43. Plaintiff re-alleges and incorporates by reference the above numbered paragraphs I
through 19 as if fully alleged herein.
44. On July 15, 2014, Mr. Ward was acting under color of law, dawning a uniform,
badge, and firearm, the entire time during his encounter with the Plaintiff.
45. Mr. Ward is the Chief of Police in Gulf Stream and possesses Final Policymaking
Authority with regard to executing public safety functions. Here, the policy implemented was to
forcibly and without consent copy proof of authority which purports to give any person the
ability to film in public spaces (in this case Town Hall), despite there being no issue to the
public's safety.
46. After the Plaintiff allowed Mr. Ward to examine his New Jersey court order, which
the Plaintiff only brought because the Town had asked him to provide authority for filming in
Town Hall, Mr. Ward failed to return Plaintiff s papers after Plaintiff terminated his consent for
Mr. Ward to search them.
acted.
47. Mr. Ward was less than 2 seconds away from copying the papers when Plaintiff
48. Plaintiff's federal constitutional rights were violated and he seeks redress through 42
U.S.C. § 1983.
rights;
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constituted a violation of Plaintiff s federal
(b) Enjoin the Defendant from unlawfully seizing Plaintiff s papers in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so long as
Mr. Ward is employed there and b.) for garden- variety emotional distress including but not
limited to mental anguish, loss of dignity, humiliation, embarrassment, and fear of battery, as
well as costs, and prejudgment interest.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper.
COUNT VI— UNLAWFUL SEIZURE - PERSON (Municipal Liability)
49. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 19 as if fully alleged herein.
50. On July 15, 2014, Mr. Ward was acting under color of law, dawning a uniform,
badge, and firearm, the entire time during his encounter with the Plaintiff. Mr. Ward is the Chief
of Police in Gulf Stream and possesses Final Policymaking Authority with regard to executing
public safety functions. Here, the policy implemented was to forcibly seize any person or
otherwise restrict their movement if they attempted to prevent the Town from copying any
authority which purports to give any person the ability to film in Town Hall, regardless of
consent or criminal activity.
51. Mr. Ward failed to return Plaintiffs papers after Plaintiff terminated his consent for
Mr. Ward to search them.
52. Mr. Ward was less than 2 seconds away from copying the papers and thus seizing the
information contained therein when Plaintiff acted.
53. Mr. Ward grabbed Plaintiff with requisite force to inflict pain to prevent Plaintiff
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from thwarting Mr. Ward's illegal seizure.
54. Mr. Ward violated clearly established Fourth and Fourteenth Amendment law as he
had no warrant, no probable cause, and no reasonable suspicion to grab Plaintiff's wrist and
elbow to otherwise restrict his physical movement and direct his physical movement
simultaneously.
55. Plaintiff's federal constitutional rights were violated and he seeks redress through 42
U.S.C. § 1983.
rights;
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constituted a violation of Plaintiff's federal
(b) Enjoin the Defendant from unlawfully seizing Plaintiff's papers in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so long as
Mr. Ward is employed there, and b.) for garden - variety emotional distress including but not
limited to mental anguish, loss of dignity, humiliation, embarrassment, and fear of battery, as
well as costs, and prejudgment interest.
action.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
(e) Grant such further relief as the Court deems proper.
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FACTS RELEVANT TO COUNTS AGAINST WILLIAM THRASHER
56. On or about September 8, 2014, the Plaintiff entered the Town Hall of Gulf Stream
( "Town Hall ") Florida to conduct public business, mainly inspect and/or attempt to retrieve
public records.
57. In the main foyer area of Town Hall, the Plaintiff was met by Kelly Avery, William
Thrasher, and a Town Police Officer. The Plaintiff was accompanied by his associate who
filmed the interaction.
58. During the interaction, Mr. Thrasher became irate with Plaintiff regarding a
discussion about public records.
59. At one point, Mr. Thrasher took an aggressive "pre- combat" stance and extended his
arm towards Plaintiffs chest as if he were going to push and make contact with Plaintiff's left
breast. The Plaintiff was apprehensive that a offensive touching would occur.
60. Instead of shoving, Mr. Thrasher extended his finger and brought it close to
Plaintiffs body, within an inch or so of the Plaintiff's chest. Mr. Thrasher asked Plaintiff and the
Plaintiffs associate, who was video recording the interaction, if he was being recorded. Mr.
Thrasher repeatedly asked this in an angry and demanding tone.
61. Mr. Thrasher then began to repeatedly harass Mr. O'Boyle's associate in a rude and
demeaning tone regarding the recording. Mr. O'Boyle attempted to cease the harassment of his
associate by trying to engage Mr. Thrasher in conversation with him instead. At that point, Mr.
Thrasher stated "I am not talking to you! ".
62. Plaintiff then took the video camera from his associate in order to record the erratic
behavior of Mr. Thrasher.
63. Suddenly, Mr. Thrasher stuck his nose into the lens of the camera making contact
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with the camera and thus the Plaintiff.
COUNT VII — ASSAULT
64. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 7 and 56 -63 as if fully alleged herein.
65. When Mr. Thrasher extended his arm and finally his finger towards Plaintiff during
an apparent infuriated and aggressive state of mind while in a "pre- combat" stance, the Plaintiff
became apprehensive of an imminent and offensive contact.
66. Mr. Thrasher acted intentionally in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for human rights and safety.
67. Plaintiff believes that Mr. Thrasher is becoming increasingly aggressive with him and
"short fused." Because Plaintiff is actively engaged in receiving and inspecting public records as
well as attending Town Hall Meetings, he will be required to go to and from Town Hall and will
more than likely run into Mr. Thrasher, as his office is located there. Plaintiff believes that he
should feel free to conduct public business without being in imminent fear of another assault.
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constitutes common law assault;
(b) Enjoin the Defendant from assaulting the Plaintiff in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so
long as Mr. Ward is employed there and b.) for garden - variety emotional distress
including but not limited to mental anguish, loss of dignity, humiliation, embarrassment,
13
and fear of battery, as well as costs, and prejudgment interest.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
COUNT VIII — CAMERA ASSAULT
68. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 7 and 56 -63 as if fully alleged herein.
69. When Mr. Thrasher placed his face into the camera which Plaintiff was holding
closely to his body, the Plaintiff immediately became apprehensive of an immediate and
offensive touching.
70. Mr. Thrasher acted intentionally in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for human rights and safety.
71. Plaintiff believes that Mr. Thrasher is becoming increasingly aggressive with him and
"short fused." Because Plaintiff is actively engaged in receiving and inspecting public records as
well as attending Town Hall Meetings, he will have to transit to and from Town Hall and will
necessarily run into Mr. Thrasher. Plaintiff believes that he should feel free to conduct public
business without feeling imminent fear of another assault.
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constitutes common law assault;
(b) Enjoin the Defendant from assaulting the Plaintiff in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
14
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so
long as Mr. Ward is employed there and b.) for garden- variety emotional distress
including but not limited to mental anguish, loss of dignity, humiliation, embarrassment,
and fear of battery, as well as costs, and prejudgment interest.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
COUNT IX —BATTERY
72. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 7 and 56 -63 as if fully alleged herein.
73. When Mr. Thrasher placed his face into the camera which Plaintiff was holding
closely to his body, the Plaintiff not only apprehended an immediate and offensive touching but
fell victim to such touching as the camera acted as part of Plaintiffs appendage.
74. Mr. Thrasher's actions were tantamount to "fighting words."
75. Mr. Thrasher acted intentionally in bad faith, with malicious purpose, and in a manner
exhibiting wanton and willful disregard for human rights, safety, and property.
76. Plaintiff's believes that Mr. Thrasher is becoming increasingly aggressive with him
and "short fused." Because Plaintiff is actively engaged in receiving and inspecting public
records as well as attending Town Hall Meetings, he will have to transit to and from Town Hall
and will necessarily run into Mr. Thrasher. Plaintiff believes that he should feel free to conduct
public business without being in imminent fear of another. assault.
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RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Declare that the Defendant's action constitutes common law battery;
(b) Enjoin the Defendant from assaulting the Plaintiff in the future;
(c) Award the Plaintiff compensatory damages for: a.) the future cost of hiring a
videographer as a precautionary measure to accompany Plaintiff while in Town Hall so
long as Mr. Ward is employed there and b.) for garden- variety emotional distress
including but not limited to mental anguish, loss of dignity, humiliation, embarrassment,
and fear of battery, as well as costs, and prejudgment interest.
(d) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action.
(e) Grant such further relief as the Court deems proper including punitive damages
upon requisite proffer.
JURY TRIAL REQUESTED ON ALL ISSUES SO TRIABLE
Respectfully submitted,
Dated: September 25. 2014 THE O'BOYLE LAW FIRM, P.C.
Attorneys for Plaintiff
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Telephone: (754) 212 -4219
Facsimile: (954) 360 -0807
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For Service of Court Documents:
oboe lecourtdocsna.obovlelawfirm.com
By: /s/ Vrenda Cain
Vrenda Cain, Esq.
Florida Bar #0045643
wain4obovlelawfirm.com
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