IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION FRANK H. STEPHENSON Plaintiff, v. Case No.: FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, A subdivision of the State of Florida; ERIC BARRON, Individually and As President of the Florida State University; KIRBY KEMPER, Individually and as Vice President for Research at Florida State University; ELIZABETH BETTENDORF, Individually and as acting Director for Research Communication at Florida State University, Defendants. / COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF AND DEMAND FOR JURY TRIAL Plaintiff, Frank H. Stephenson, by undersigned counsel, sues Defendants, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a subdivision of the State of Florida; ERIC BARRON, Individually and as President of the Florida State University; KIRBY KEMPER, Individually and as Vice President for Research at Florida State University; and ELIZABETH BETTENDORF, Individually and as Acting Director for Research Communication at Florida State University and states: Page 1 of 18

2 NATURE OF THE CAUSE OF ACTION 1. This is a Cause of Action brought pursuant to 42 USC 1983 and 1988 for damages, attorney s fees, injunctive relief and demand for jury trial arising from the discriminatory discharge of the Plaintiff by the Defendants in violation of the Americans with Disabilities Act (ADA) of 1990, as amended, 42 USC and denial by the Defendants of Plaintiff s rights to free speech and due process of law under the First and 14th Amendments to the United States Constitution and Article I, Sections 4 (free speech) and 9 (due process) of the Florida Constitution and arising from pendant claims including discriminatory discharge of the Plaintiff by the Defendants in violation of Chapter 760, Florida Statutes (Florida Civil Rights Act of 1992). JURISDICTION 2. This is an action for damages which exceed the sum of $75,000 exclusive of interest and costs. 3. This Court is vested with subject matter jurisdiction pursuant to 28 USC 1331, 1332, and 1343 (civil rights) and 28 USC 1367 (Supplemental Jurisdiction). This action arises under 42 USC 1983 and the Americans with Disabilities Act (ADA) of 1990, as amended, 42 USC PARTIES 4. Plaintiff, Frank H. Stephenson is a resident and citizen of Tallahassee, Leon County, Florida. Plaintiff, Frank H. Stephenson (hereafter Stephenson ), has for the past 28 years been an employee of the Florida State University in the capacity of Director for Research Communications and Editor of the "Research and Review Magazine" of the Florida State University. Until the unlawful actions were committed by Page 2 of 18

3 the Defendants, Plaintiff Stephenson has always been evaluated and deemed by the Florida State University to be an outstanding and exemplary employee. 5. Defendant Florida State University Board of Trustees is a subdivision of the State of Florida created pursuant to Article IX, Section 7(c) of the Florida Constitution and statutorily empowered as a state constituent university Board of Trustees pursuant to Section et seq., Florida Statutes. pursuant to Section (1), Florida Statutes. The Florida State University Board of Trustees is vested with all of the powers of a body corporate including the power to sue and be sued and to plead and be impleaded in all courts of law or equity, to contract and be contracted with. The Florida State University Board of Trustees is vested with the authority set forth in Florida Statutes, Section (2) to govern its University as necessary to provide proper governance and improvement of the University in accordance with law. Pursuant to Section (19), the Florida State University Board of Trustees is empowered to establish the personnel program for all employees of the University including compensation, conditions of employment, selection, non-reappointment, standards for performance and conduct, evaluation, benefits and hours of work, leave policies, academic freedom and responsibility, promotion, assignment, demotion, transfer, tenure and permanent status, ethical obligations and conflict of interest, disciplinary actions, complaints, appeals and grievance procedures, and separation and termination from employment. Pursuant to Section (23), Florida Statutes, the Florida State University Board of Trustees constitutes the contracting agent of the University. Pursuant to Florida Statute Section (34), the Florida State University Board of Trustees has the statutory responsibility for compliance state and federal laws, rules, Page 3 of 18

4 regulations, and requirements. 6. Defendant, Eric Barron (hereafter Barron ) is the University President of the Florida State University. The Florida State University is a public corporation of the State of Florida created pursuant to Section , Florida Statutes and is operated by the Florida State University Board of Trustees as provided in Section , Florida Statutes. At all times material hereto Defendant Barron has discharged his responsibilities as the Chief Executive Officer of the Florida State University and is responsible for the operation and administration of the University pursuant to Section , Florida Statutes. As President of the Florida State University, Defendant Barron is statutorily authorized and obligated pursuant to Section (3), Florida Statutes to establish and implement policies and procedures to recruit, a point, transfer, promote, compensate, evaluate, reward, demote, discipline, and remove personnel within law and rules of the State Board of Education and in accordance with rules or policies approved by the Florida State University Board of Trustees. 7. Defendant Kirby Kemper (hereafter Kemper ), at all times material hereto is an employee of the Florida State University and is the Vice President for Research for the Florida State University under the direct supervision, direction and control of Defendant Barron as the President of the Florida State University. Defendant Kemper, at all times material hereto, is the direct supervisor of Florida State University employee Frank H. Stephenson. 8. Defendant Elizabeth Bettendorf (hereafter Bettendorf ), at all times material hereto, is an employee of the Florida State University and is the acting Associate Editor of the Research and Review Magazine of the Florida State University. Prior to the Page 4 of 18

5 actions complained of herein, Defendant Bettendorf was previously employed by the Florida State University as the editor of the Research and Review Magazine of the Florida State University and was under the direct supervision of Plaintiff Stephenson as the Director for Research Communications of the Florida State University and Editor of the Research and Review Magazine of the Florida State University. GENERAL ALLEGATIONS 9. Plaintiff, Frank H. Stephenson, has been employed by the Florida State University for the past 28 years. During that entire time, Stephenson's employment evaluations have been above satisfactory and his contributions to FSU have been extraordinary and consistently outstanding. From 1982 to 2004 Stephenson singlehandedly established a communications program to promote the good work of FSU throughout Tallahassee, the State of Florida, and the entire United States. During that same period and continuing through 2009, FSU has never known another department of research, communications and public relations director whose responsibility included the promotion of FSU's faculty and research endeavors to the world outside the university. Stephenson developed myriad public information products, including advertisements in state and national magazines, op-ed articles, speeches and marketing and promotional products. He coordinated the 1997 Research ExPo in celebration of the 50th anniversary of FSU as a university. Stephenson developed the first nationally acclaimed university research magazine from a rudimentary newsletter. His efforts resulted in his election as President of the University Research Magazine Association in May In 2004, Stephenson was promoted to Director, Research Communications for FSU. Stephenson also conceived, coordinated and implemented the critically acclaimed community Page 5 of 18

6 outreach series "Origins '09" and "Origins '10" celebrating the work of evolutionist Charles Darwin which remains the most successful academically oriented public outreach effort in the history of FSU. In June 2009, Stephenson was honored by being nominated as FSU Employee of the Year. In 1994 FSU President Sandy D'Alemberte cited Stephenson for exemplary service to FSU. Since 1982, Stephenson has been the recipient of dozens of awards for excellence in writing, editing, use of photography and overall excellence from numerous professional organizations. Mr. Stephenson has a long history of dedication to Florida State University and has represented it as its best, showcasing the University's most influential scholars and artists through public events that surely have served to boost FSU's stature throughout the state and the nation. 10. From May 2005 to November 2008, Christine Suh was employed by FSU for 3-1/2 years as the Associate Editor of FSU's Research in Review Magazine and Public Information Officer under the supervision of Plaintiff, Frank H. Stephenson. During that time Christine Suh personally observed the professional conduct of her supervisor Frank H. Stephenson in the discharge of his duties at FSU. Ms. Suh observed Stephenson's uncompromising demands for quality and integrity which made working for him a constant challenge. Projects and articles often had to go through several versions before final publication which was time-consuming and sometimes frustrating. Stephenson set a high bar for performance by his staff members and consistently raise the quality of projects in the department. Ms. Suh also noticed that Stephenson could be disorganized and inattentive to details. Stephenson disdained bureaucracy, was headstrong and voiced strong opinions, not always politically correct but always open to reasoned argument although occasionally in conflict with contrary personalities. Page 6 of 18

7 However, even in disagreement, Ms. Suh saw that Stephenson always treated her fairly, with professional courtesy and respect and never with discrimination based on gender. That includes the period of time during her employment when Ms. Suh was pregnant. Stephenson was never verbally abusive to Ms. Suh but always treated her with professional courtesy and respect. Stephenson insisted that his associate editors, photographers, illustrators and freelancers produce top notch scholarship and work product. 11. Another prior Associate Editor of FSU's Research and Review Magazine under the supervision of Plaintiff Stephenson was Barbara Ash. Stephenson and Ash had a contentious relationship. During this time, the acting Vice President of Research, Dr. Raymond Bye, ordered Stephenson to attend anger management counseling. 12. In January 2009, Plaintiff Stephenson hired Defendant Elizabeth Bettendorf to fill the position vacated by Christine Suh as Associate Editor of FSU's Research in Review Magazine. During her six-month probationary period, Plaintiff Stephenson privately noted Ms. Bettendorf's deficiencies as an editor and her complete lack of interest in expanding her professional horizons by participating in professional associations, including the University Research Magazine Association. During the summer of 2009, Stephenson encouraged Bettendorf to be a more careful writer and proofreader in an honest and forthright manner. Stephenson continued to insist that Bettendorf produced at a high quality of performance and professional accomplishment. 13. In the last week of April 2010, Defendant Bettendorf telephoned a verbal complaint to the FSU Department of Human Resources about her supervisor, Frank H. Stephenson. These verbal complaints were reduced to writing by Defendant Bettendorf Page 7 of 18

8 in a letter dated May 2, 2010 addressed to the FSU Department of Human Resources. (See Plaintiff's Exhibit 1 attached hereto and incorporated herein by reference) Defendant Bettendorf made the following allegations against Stephenson: memory lapses "due to alcohol abuse"; a. Stephenson admitted to Bettendorf that he suffered from b. Stephenson suffered from memory losses. c. Stephenson displayed a historic pattern during his tenure at FSU of abuse, bullying, and sex discrimination toward his and her fellow employees; d. Stephenson acted toward his fellow employees and others in behaviors that were angry and verbally abusive, volatile and profane, personal vendettas, mean-spirited, burned bridges, blamed others, unfairly critical, demeaning, degrading, disparaging, disdainful, confrontational slanderous, tirades, ungrateful, disorganized, hostile, arbitrary, vengeful, vitriolic, retaliatory, and isolationist; change despite his past reprimand by FSU. e. Stephenson is beyond counseling based upon his failure to 14. On May 3, 2010, FSU Human Relations Department employees Shiffany Rawls and Scott Langston met with Stephenson and informed him that charges have been made against him by fellow employee Elizabeth Bettendorf. Stephenson was advised of the FSU Human Relations procedures usually employed in cases where complaints were made against fellow employees. Stephenson was asked to begin preparing a "Performance Expectation Plan." Stephenson was advised to meet with the head of FSU's "Employee Assistance Program." This was to be followed by a mediation session with a mediator and the two employees involved in the dispute. Page 8 of 18

9 15. Despite the fact that FSU either knew, perceived and/or regarded Plaintiff Frank H. Stephenson to have the disability of alcoholism, which substantially impaired and limited his working relationships as major life activities, FSU provided no reasonable accommodations to Stephenson despite the fact that he was able to go to work and function at an otherwise acceptably high-level in his job duties as a qualified employee. 16. In the first week of May 2010, FSU attorney in the Department of Research, Betty Southard, verbally told the FSU Vice President for Research, Defendant Kirby Kemper, that she was aware through a mutual friend that Frank Stephenson "had a habit of drinking too much at night and getting mean." Despite this knowledge of and/or perceived disability of alcoholism, FSU provided no reasonable accommodations to Stephenson. 17. On May 26, 2010, Plaintiff Stephenson had an office conference with FSU attorney and General Counsel Betty Steffens and Assistant FSU Counsel Carolyn Egan during which conference Plaintiff Stephenson requested legal advice on how to handle the complaint and charges made against him by subordinate Elizabeth Bettendorf. Stephenson described the chronological relationship he had with Bettendorf and the allegations made against him which he refuted with dates, times, places, and occurrences. FSU General Counsel Betty Steffens told Stephenson that he had done nothing wrong and had nothing to worry about, but rather, Bettendorf was the employee who had everything to worry about and who was at fault. Stephenson was led to believe that he had nothing to worry about in the way of adverse disciplinary action by FSU against him personally. 18. On June 29, 2010, Plaintiff Frank Stephenson was summoned to the office Page 9 of 18

10 of his supervisor Vice President for Research Defendant, Kirby Kemper. Defendant Kirby Kemper announced that the appointment of Plaintiff Stephenson was being terminated "without cause" as of September 30, (See Plaintiff's Exhibit 2 attached hereto and incorporated herein by reference). Defendant Kirby Kemper further announced to Plaintiff Stephenson that effective immediately his job duties were changed and he was directed that all of his work be performed at his place of residence; he would have no supervisory duty over any employees, he would have no further contact with former subordinates, would have no further budgetary responsibilities, and was not to return to the university campus without Kemper's specific approval. (See Plaintiff's Exhibit 3 attached hereto and incorporated herein by reference). 19. At the meeting on June 29, 2010, despite his perceived and/or actual knowledge that Plaintiff Frank H. Stephenson had the disability of alcoholism which substantially impaired and limited his working relationships as major life activities despite the fact that he was able to go to work and function at an otherwise acceptably high-level in his job duties as a qualified employee, Defendant Kirby Kemper provided no reasonable accommodations to Plaintiff Stephenson for his disability. Instead, Plaintiff Stephenson was escorted from the FSU campus without even being afforded the opportunity to collect his personal belongings from his office. 20. All conditions precedent to filing this action have been timely complied with and/or have occurred including but not limited to serving notice of intent to sue upon the Defendant s and the Florida Department of Financial Services in accordance with FS , and exhaustion of administrative remedies with the Florida Commission on Human Relations (FCHR) and the Equal Employment Opportunity Page 10 of 18

11 Commission (EEOC). COUNT I: CLAIM FOR DAMAGES RELIEF AGAINST FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES FOR DISCRIMINATION IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT (ADA), FSU PRESIDENT, ERIC BARRON, AND FSU VICE-PRESIDENT, KIRBY KEMPER 21. This is a claim for damages and injunctive relief proximately caused by the discrimination of Defendant Florida State University Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper through its violation of the Americans With Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA), Title 42 USC et seq. Plaintiff realleges paragraph 1-19 as set forth herein verbatim and further alleges: 22. Defendant Florida State University Board of Trustees employs over 2,150 faculty and over 6,129 staff employees with its principal place of business located in Tallahassee, Leon County, Florida. 23. Defendant FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper owed a duty to Plaintiff Frank H. Stephenson, as a covered employer, to comply with the requirements of the Americans with Disabilities Act (ADA) as amended by The Americans with Disabilities Amendments Act (ADAAA). Specifically, covered employer FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper were prohibited from discriminating against a qualified individual with a disability on the basis of the disability with regard to job application procedures, hiring, advancement, or discharge, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 USC 12112(a). As a covered employer, Defendant FSU Board of Trustees, FSU President, Eric Barron, Page 11 of 18

12 and FSU Vice-President, Kirby Kemper were also prohibited from failing to make reasonable accommodations to the known physical or mental limitations of a qualified disabled person, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business. 42 USC (b) (5). 24. At all times material hereto, Plaintiff Frank H. Stephenson was protected against discrimination in employment with FSU because he was an individual with a current alcohol dependence problem who could perform the essential function of the job he held and whose alcohol dependence problem did not present a direct threat to the health or safety of other individuals in the workplace as provided in 42 USC 12114(b), 1211 (8) and (a) and (b). 25. At all times material hereto, Plaintiff Frank H. Stephenson had the disability of alcoholism characterized by a physical or mental impairment that substantially limited one or more of his major life activities including his ability to work. 26. At all times material hereto, Defendant FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper perceived Plaintiff Frank H. Stephenson as having a disability impairment of alcoholism. 27. At all times material hereto, Defendant FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper refused and declined to provide reasonable accommodations to Plaintiff Frank H. Stephenson for the disability impairment of alcoholism despite the actual and/or perceived knowledge of the disability by Defendant FSU Board Of Trustees, FSU President, Eric Barron, and FSU Vice- President, Kirby Kemper 28. Instead of providing reasonable accommodations to Plaintiff Frank H. Page 12 of 18

13 Stephenson for the known and/or perceived disability impairment of alcoholism, Defendant FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper terminated Plaintiff Frank H. Stephenson's employment and negatively altered his terms and conditions of employment to his detriment and causing damage to his reputation and career. 29. As a direct and proximate result of the actions of Defendant FSU Board of Trustees, FSU President, Eric Barron, and FSU Vice-President, Kirby Kemper, Plaintiff Frank H. Stephenson has suffered damages, including loss of job, wages and benefits, damage to career and reputation, mental and emotional distress and anxiety, loss of the capacity for the enjoyment of life, physical impairment, and medical expenses. These damages extend both into the past and will be suffered in the future. WHEREFORE, Plaintiff prays that the Court will: a. Take jurisdiction of the subject matter and parties to this action; b. Conduct a jury trial and following entry of a verdict, enter a Final Judgment for damages and reinstatement in favor of the Plaintiff; and premises. c. Enter such other and further relief as the Court deems just in the Plaintiff demands jury trial of all issues triable of right by a jury. COUNT II: CLAIM FOR DAMAGES RELIEF AGAINST DEFENDANTS, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, FSU PRESIDENT ERIC BARRON, FSU VICE PRESIDENT, KIRBY KEMPER AND ELIZABETH BETTENDORF FOR DISCRIMINATION IN VIOLATING THE CIVIL RIGHTS OF PLAINTIFF 30. This is a claim for damages relief against Defendants Florida State Page 13 of 18

14 University Board of Trustees, FSU President Eric Barron, FSU Vice President Kirby Kemper, and Elizabeth Bettendorf for discrimination in violating the civil rights of Plaintiff Frank H. Stephenson pursuant to 42 USC 1983 and All actions complained of herein were taken by the Defendants in their capacities as agents and employees of the State of Florida and its subdivisions under color of state law. 32. Plaintiff realleges paragraphs 1 through 19 inclusive as if fully set forth herein verbatim and further alleges: 33. Plaintiff Frank H. Stephenson reported to the Defendants his concerns that subordinate FSU employee Elizabeth Bettendorf had engaged in misconduct in violation of FSU policies and practices and that subordinate FSU employee Elizabeth Bettendorf had made false, slanderous, and malicious charges against him including sexual discrimination against Bettendorf and other employees and which charges were known by Bettendorf to be false, slanderous, and malicious. Plaintiff Stephenson had a right under the First and 14th Amendments to the United States Constitution to report these concerns to Defendants without fear of discrimination or retaliation. 34. As a direct and proximate result of exercising his First and 14th Amendment Rights, Defendants were co-conspirators engaged in a scheme and conspiracy designed and intended to deny Plaintiff of his rights guaranteed under the Constitution and the laws of the United States including 42 USC As a direct and proximate result of the deprivation of Plaintiff's constitutional rights by the Defendants, Plaintiff suffered compensatory damages including but not limited to emotional distress and anxiety, damage to reputation and Page 14 of 18

15 career, lost wages and benefits, medical expenses and these damages are expected to be incurred in the future as well as the past. 36. As a result of the unlawful actions of the Defendants, Plaintiff has been required to retain counsel to represent him in this matter and is entitled to an award of attorney's fees under 42 USC 1988 in addition to the foregoing compensatory damages. WHEREFORE, Plaintiff prays that the Court will: a. Take jurisdiction of the subject matter and parties to this action; b. Conduct a jury trial and following entry of a verdict, enter a Final Judgment for damages, reinstatement and attorney s fees in favor of the Plaintiff; and premises; c. Enter such other and further relief as the Court deems just in the Plaintiff demands jury trial of all issues triable of right by a jury. COUNT III: CLAIM FOR RELIEF FOR DAMAGES AGAINST DEFENDANTS, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, FSU PRESIDENT ERIC BARRON, FSU VICE PRESIDENT, KIRBY KEMPER AND ELIZABETH BETTENDORF FOR DISCRIMINATION IN EMPLOYMENT AGAINST PLAINTIFF IN VIOLATION OF THE "FLORIDA CIVIL RIGHTS ACT OF 1992" 37. This is a claim for relief for damages against Defendants Florida State University Board of Trustees, FSU President Eric Barron, FSU Vice President Kirby Kemper, and Elizabeth Bettendorf for discrimination in employment against Plaintiff in violation of Chapter 760, Florida Statutes ("Florida Civil Rights Act of 1992"). 38. Plaintiff Frank H. Stephenson realleges paragraphs 1 through 19 inclusive as if fully set forth herein verbatim and further alleges: 39. Defendant Florida State University Board of Trustees employs over 2,150 Page 15 of 18

16 faculty and over 6,129 staff employees with its principal place of business located in Tallahassee Leon County Florida. 40. Defendant FSU Board of Trustees, as a covered "employer" under Chapter 764, Florida Statutes, owed a duty to Plaintiff Frank H. Stephenson, to comply with the requirements of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. Specifically, covered employer FSU Board of Trustees was prohibited from discriminating against a qualified individual with a handicap on the basis of the handicap with regard to job application procedures, hiring, advancement, discharge, employee compensation, job training, and other terms, conditions and privileges of employment. Section , Florida Statutes. As a covered employer, Defendant FSU Board of Trustees was also prohibited from failing to make reasonable accommodations to the known physical or mental handicap of a qualified handicapped person unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business. 41. At all times material hereto, Plaintiff Frank H. Stephenson was protected against discrimination in employment with FSU because he was an individual with a current alcohol dependence problem who could perform the essential function of the job he held and his alcohol dependence problem did not present a direct threat to the health or safety of other individuals in the workplace. Any reasonable accommodation required by law to be afforded to the Plaintiff would not impose an undue hardship on the operation of the business of FSU. 42. At all times material hereto, Plaintiff Frank H. Stephenson had the handicap of alcoholism characterized by a physical or mental impairment that Page 16 of 18

17 substantially limited one or more of his major life activities including his ability to work. 43. At all times material hereto, Defendant FSU Board of Trustees refused and declined to provide reasonable accommodations to Plaintiff Frank H. Stephenson for the handicap impairment of alcoholism despite the actual and/or perceived knowledge of the handicap by Defendant FSU Board of Trustees. 44. Instead of providing reasonable accommodations to Plaintiff, Frank H. Stephenson for the known and/or perceived handicap of alcoholism, Defendant FSU Board of Trustees terminated Plaintiff Frank H. Stephenson's employment, negatively altered his terms and conditions of employment, caused mental anguish and loss of dignity and caused damage to his reputation and career. 45. As a direct and proximate result of the actions of FSU Board of Trustees, Plaintiff Frank H. Stephenson has suffered damages, including loss of wages and benefits, in the past and the future, damage to career and reputation, mental anguish, loss of dignity, emotional distress and anxiety, loss of the capacity for the enjoyment of life, physical impairment and medical and legal expenses. These damages extend both into the past and will be suffered in the future. WHEREFORE, Plaintiff prays that the Court will: a. Take jurisdiction of the subject matter and parties to this action; b. Conduct a jury trial and following entry of a verdict enter a final judgment for damages and attorney's fees in favor of the Plaintiff as provided by law and Chapter Florida Statutes; c. Enter a judgment for reinstatement of the Plaintiff to his former position with all the attendant wages hours and terms and conditions of employment Page 17 of 18

18 Plaintiff enjoyed before his termination; and d. Enter such other and further relief as the Court deems just in the premises. Plaintiff demands trial by jury for all issues triable of right by a jury DATED this 17th day of August s/sidney L. Matthew Sidney L. Matthew Florida Bar ID No Sidney L. Matthew, P.A. Post Office Box 1754 Tallahassee, FL Telephone (850) Facsimile (850) sidmatthew@earthlink.net Attorney for Plaintiff Page 18 of 18