Loading...
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 • a � obovlecourtdocs (i4obovlelawf=.com g c GJ L vwilliamsQobovlelawfirm.com 9 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, 0 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. 4 (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 5 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. 7 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 10 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. 11 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 12 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. 15 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 16 For Service of Court Documents: oboe lecourtdocsna.obovlelawfirm.com By: /s/ Vrenda Cain Vrenda Cain, Esq. Florida Bar #0045643 wain4obovlelawfirm.com 17