Angela Corey Complaint Answer and Counterclaim Response 2-21-14

8/13/2019 Angela Corey Complaint Answer and Counterclaim Response 2-21-14

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IN THE CIRCUIT COURT, FOURTHJUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA

CASE NO.: 16-2013-CA-007407

DIVISION:BERNARD ALBERT KRUIDBOS,

Plaintiff,

v.

ANGELA B. COREY, in her official capacity asSTATE ATTORNEY FOR THE FOURTHJUDICIAL CIRCUIT OF FLORIDA,

Defendant. /

DEFENDANT ANGELA B. COREYS, IN HER OFFICIAL CAPACITY AS STATEATTORNEY FOR THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, ANSWER AND

AFFIRMATIVE AND OTHER DEFENSES TO COUNT II IN THE AMENDEDCOMPLAINT AND COUNTERCLAIMS

Pursuant to Fla. R. Civ. P. 1.110(c) and (d), Defendant Angela B. Corey, in her Official

Capacity as State Attorney for the Fourth Judicial Circuit of Florida (State Attorney), answers

Count II in the Amended Complaint and asserts affirmative and other defenses thereto and as

grounds states as follows:

As to the three paragraphs preceding Count I, State Attorney admits the allegations in

those paragraphs except that she denies any wrongdoing whatsoever and asserts that Plaintiff

violated critical job duties, engaged in egregious conduct, and exposed the public to risk of

serious harm, leaving State Attorney with no choice but to terminate Plaintiffs employment.

Count II 1

1 State Attorney filed a motion to dismiss Count I in the Amended Complaint; thus, paragraphs 1-8, which pertain toCount I in the Amended Complaint, need not be answered in this pleading.

Filing # 10369258 Electronically Filed 02/17/2014 08:44:20 PM


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9. As to paragraph 9 in the Amended Complaint, State Attorney admits that Plaintiff

is suing for alleged damages pursuant to the Floridas public Whistleblowers Act (WBA)

and that this Court has jurisdiction over such claim; however, State Attorney denies that it

violated the WBA and asserts that she acted at all times in accord with Florida law.

10. State Attorney denies the allegations in paragraph 10 in the Amended Complaint

except that she admits Plaintiff was terminated for engaging in egregious misconduct.

11. Concerning paragraph 11 in the Amended Complaint, State Attorney denies the

first sentence, admits that the court has the power to, in certain limited circumstances, sanction

parties for discovery violations as alleged in the second sentence (but denies that State Attorneyviolated any discovery obligations and any remaining allegations in the second sentence), and

denies the third sentence in its entirety.

12. Concerning paragraph 12 in the Amended Complaint, State Attorney denies that

she engaged in any action warranting the filing of a complaint with the Florida Commission on

Human Relations (FCHR), but nonetheless admits that Plaintiff filed a complaint with the

FCHR; she is without knowledge as to when Plaintiff filed the complaint, when such complaint

was received by the FCHR, and whether Exhibit C to the Amended Complaint is a true and

accurate copy of the complaint Plaintiff filed, but she admits that the correct case number was

201301613. All other allegations in paragraph 12 are denied.

13. Concerning paragraph 13 in the Amended Complaint, State Attorney admits the

first sentence and further asserts that the FCHR concluded that its investigation did not

substantiate the allegation that Plaintiff was retaliated against as defined by the WBA. A copy of

the Notice of Termination of Investigation is attached hereto as Exhibit A. Concerning the

second sentence in paragraph 13, State Attorney is without knowledge of Plaintiffs opinion but


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admits that he filed a lawsuit pursuant to the WBA despite the FCHRs investigation and

decision.

14. State Attorney denies the allegations in paragraph 14 in the Amended Complaint.

15. State Attorney is without knowledge as to the allegations in paragraph 15 in the

Amended Complaint, except that she does admit Plaintiff satisfied his pre-suit obligation related

to filing a complaint with the FCHR prior to filing the instant lawsuit.

16. State Attorney is without knowledge as to the allegations in paragraph 16 in the

Amended Complaint.

As to the WHEREFORE clause following paragraph 16 in the Amended Complaint, StateAttorney denies that Plaintiff is entitled to any relief whatsoever and asserts that the Amended

Complaint should be dismissed with prejudice and that she should be awarded her attorneys fees

and costs for having to defend against a frivolous claim made in bad faith.

AFFIRMATIVE AND OTHER DEFENSES

A. Plaintiff has failed to state a cause of action because he has not identified a

protected disclosure defined by the Act.

B. Plaintiffs termination was predicated upon grounds other than, and would have

been taken absent, the employees or persons exercise of rights protected by the WBA.

C. Plaintiff has failed to mitigate his damages, if any.

D. Plaintiffs damages may be offset by earnings or benefits he received since his

termination of employment.

E. The intent of the WBA is not to insulate Plaintiff from being held accountable for

his own unlawful and egregious conduct.


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COUNTER CLAIMS

Pursuant to Fla. R. Civ. P. 1.170(a), Defendant/Counter-Plaintiff (State Attorney)

asserts her counterclaim against Plaintiff/Counter-Defendant (Plaintiff) and alleges as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction over this counterclaim pursuant to Fla. Stat. 26.012

and venue is proper pursuant to Fla. Stat. 47.011.

FACTUAL BACKGROUND

2. Plaintiff was an employee of State Attorney and therefore an agent of State

Attorney during all relevant times.3. Plaintiff was State Attorneys Information Technology Director who, after a

recent counseling and de facto demotion, disclosed confidential work product from a pending

high profile murder case to a hostile former employee of State Attorney (Wes White, who

Plaintiff admitted had an axe to grind with State Attorney).

4. Upon learning this information on or around May 28, 2013, State Attorney placed

Plaintiff on an immediate paid leave of absence.

5. During a subsequent investigation, State Attorney learned that Plaintiff

improperly deleted files on a laptop that was assigned to him and restored the laptop to a fresh

installation of an Apple operating system.

6. Plaintiff s conduct regarding his laptop was a violation of Floridas Public

Records Act and he knew that his conduct was in violation of such law.

7. Further, Plaintiffs conduct was in direct contradiction to a prior instruction given

to him when he was, in essence, demoted.


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8. Because Plaintiff disclosed confidential work product relating to a then pending

case to a former hostile employee, authorized such former employee to disclose the work product

to the defense attorney in the then-pending criminal case without first discussing his purported

concerns with State Attorney, and subsequently deleted data on his laptop, State Attorney was

left with no choice but to terminate his employment on July 11, 2013.

COUNT ONE

9. State Attorney incorporates here her allegations in paragraphs 1-8 of State

Attorneys counterclaims.

10. At all relevant times, Plaintiff owed a duty of loyalty to State Attorney.11. Plaintiff breached his duty of loyalty to SAO when he knowingly disclosed

confidential work product relating to a then pending case to a former hostile employee,

authorized such former employee to disclose the work product to the defense attorney in the

then-pending criminal case without first discussing his purported concerns with State Attorney,

and subsequently deleted data on his laptop.

12. State Attorney has suffered damages as a result of Plaintiffs conduct.

WHEREFORE State Attorney hereby demands monetary damages against Plaintiff and

any other relief this Court deems just and proper, including but not limited to injunctive relief.

COUNT TWO

13. State Attorney incorporates here her allegations in paragraphs 1-8 of State

Attorneys counterclaims.

14. Plaintiff owed a duty of loyalty to State Attorney while employed with State

Attorney.


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15. While employed with State Attorney, Plaintiff communicated with Mr. White and

the two of them created a plan to unlawfully disclose State Attorneys confidential work product.

16. During such communications, Plaintiff made an agreement with Wes White to

breach Plaintiffs duty of loyalty when he and Mr. White agreed to disclose State Attorneys

confidential work product to the defense in a high profile then-pending criminal case.

17. Plaintiff and Mr. White acted with the purpose of accomplishing together an

unlawful purpose.

18. These overt acts were done in furtherance of Plaintiffs conspiracy against State

Attorney.19. As a result of Plaintiffs agreement with Mr. White to violate Plaintiffs duty of

loyalty and disclose confidential work product, State Attorney has been damaged.

WHEREFORE, State Attorney hereby demands monetary damages against Plaintiff and

any other relief this Court deems just and proper, including but not limited to injunctive relief.

Respectfully submitted this 17th day of February, 2014.

By: /s Vanessa S. HodgersonRobert G. Riegel, Jr.Florida Bar No. [email protected]

Vanessa S. HodgersonFlorida Bar No. [email protected]

Fowler White Boggs P.A.50 N. Laura St., Suite 2800Jacksonville, FL 32202Telephone: (904) 598-3123Facsimile: (904) 598-3131

Counsel for Defendant


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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 on this 17 th day of February, 2014, by using the

Florida Courts E-Filing Portal system which will send a notice of electronic filing to:

Wesley F. White, EsquirePost Office Box 17015Fernandina Beach, FL 32035Tel. 904.335.8335Email. [email protected]

By: /s Vanessa S. HodgersonRobert G. Riegel, Jr.Florida Bar No. [email protected]

Vanessa S. HodgersonFlorida Bar No. [email protected]

Fowler White Boggs P.A.50 N. Laura St., Suite 2800Jacksonville, FL 32202Telephone: (904) 446-2650Facsimile: (904) 598-3131

Documents

Angela Corey Complaint Answer and Counterclaim Response 2-21-14