in the united states district court for the...
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO.: _________________________
VICTOR HERNANDEZ,
Plaintiff,
v.
PALM BEACH COUNTY FIRE RESCUE,
Defendant.
___________________________________/
NOTICE OF REMOVAL
COMES NOW, the Defendant, PALM BEACH COUNTY (“the County”), by and
through undersigned counsel, and pursuant to Title 28, United States Code, Sections 1331, 1441,
and 1446, hereby files this Notice of Removal and states:
1. On January 13, 2020, the County was served with Plaintiff’s Complaint in the
Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida where it
was assigned Case No. 502019CA015241XXXXMB AI. A true and accurate copy of the
Complaint is attached hereto as Exhibit 1.
2. A copy of the Fifteenth Judicial Circuit docket regarding the instant case is
attached hereto as Exhibit 2.
3. The face of the Complaint indicates that Count I arises out of an alleged violation
of American with Disabilities Act of 1990 U.S.C. § 12111 and the Florida Civil Rights Act of
1992, Chapter 760, et. seq.. Exhibit 1, ¶ 1.
4. The Complaint also alleges jurisdiction under 28 USC §1331 and 28 USC §1343.
Exhibit 1, ¶ 2. The County asserts that Court has original jurisdiction over this action as
9:20-cv-80075
Case 9:20-cv-80075-XXXX Document 1 Entered on FLSD Docket 01/21/2020 Page 1 of 2
Page 2 of 2
provided in 28 U.S.C. § 1331, and is properly removable pursuant to 28 U.S.C. § 1441(a) and 28
U.S.C. § 1446(b). See e.g. Incredible Invs., LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318,
1323 (S.D. Fla. 2013) (action seeking declaratory relief, alleging violations of federal and
Florida constitutions, was removed to this Court, pursuant to 28 U.S.C. §§ 1441(a) & 1446).
5. Notice of this removal has been provided to Plaintiff and the Clerk of Court for
the Fifteenth Judicial Circuit pursuant to 28 U.S.C. § 1446(d).
6. This Notice of Removal has been filed within thirty (30) days after service of the
Complaint in compliance with 28 U.S.C. § 1446(b).
Dated: January 21, 2020.
Respectfully submitted,
/s/ Kim Phan /
Kim Phan, Esquire
Assistant County Attorney
Florida Bar No. 026781
300 North Dixie Highway, Third Floor
West Palm Beach, Florida 33401
Tel.: (561) 355-2529 / Fax: (561) 355-4234
Email: [email protected]; [email protected]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via the E-Filing Portal to: Rainier Regueiro, Esquire of REMER & GEORGES-PIERRE, PLLC,
319 Clematis Street, Suite 606, West Palm Beach, FL 33401 at [email protected] on
this 21 day of January, 2020.
/s/ Kim Phan /
Kim Phan, Esquire
Assistant County Attorney
Florida Bar No. 026781
300 North Dixie Highway, Third Floor
West Palm Beach, Florida 33401
Tel.: (561) 355-2529 / Fax: (561) 355-4234
Email: [email protected]; [email protected]
Case 9:20-cv-80075-XXXX Document 1 Entered on FLSD Docket 01/21/2020 Page 2 of 2
JS 44 (Rev 02/19) CIVIL COVER SHEET The JS 44 civil cover sheet and the informauon contained herein ne11her replace nor supplement lhe filing and service of pleadin~s or other papers os required by law, except as provided by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet (SE£ INSTRUCTIONS ON N£XT PAGE OF THIS FORM.)
I. (a) PLAINTlFFS
V ictor Hernandez
DEFEN DANTS
Palm Tran
(b) County of Residence of First Listed Plaintiff _P_a_lm_ B_e_a_c_h ___ _ _ County of Residence of First Listed Defendant _ P_ a l_m_ B_e_a_c_h _ ___ _ (EXCEPT IN U.S PlAJNTIFF CASES) (IN U.S. PlAINTIFF CASES ONLY)
11:0TE CN LA1'0 CO~'DEMNATION CASES. USE THE LOCATION OF THE TRACT OF LA,'0 !}.'VOL VED.
( c) Attorneys (Firm Name. Address. and Telephone Number) Attorneys (/fKno"n) Kim Phan, Esquire of Palm Beach County Attorney's Office; 300 North
Rainier Regueiro, Esquire o f Remer & Georges-Pierre, PLLC; 319 C lematis S t., Suite 606, WPS, FL 33401 ; 561-225-1970
Dix ie Highway, T hird Floor, W PB, FL 33401 ; 561-355-2529
II. BASTS OF JURISDI CTION (Plactan ··x - m~BoxOnf>) Ill. CITIZENSHIP OF PRINCIPAL PARTIES fPlocean "X" 1nOneBoxforPla,n1rff
0 I U.S. Government ~ 3 Federal Quesnon PlaintilT (U.S. Go,•ernmem Not a Porty)
0 2 U.S. Government Defendant
IV NATURE OF SU IT I c n NTRACT
0 110 Insurance 0 120>.lanne 0 130M1llerAc1 0 140 Negotiable Instrument 0 I SO Recovery of Overpa)'tllent
& Enforcement of Judgment 0 ISi Medicare Act 0 152 Recovery of Defaulted
Stu dent Loans (E~cludes Veterans)
0 I 53 Recovery of 0.crpaymcnt ofVeteran ·s Benefits
0 160 Stockholders' Suits 0 190 Other Contntct 0 195 ContraCI Product Liabilil) 0 196 Franchise
I REAL PROPERTY O 2 to Land Condemnanon 0 220 Foreclosure 0 230 Rent Lease & Ejecnncnt 0 240 Tonsto Land 0 245 Ton Product Liability 0 290 A II Other Real Property
0 4 Do,-crsity (lndicat• C,11:ttuhlp of Parties in Item Ill)
{Place an "X" m One Bo., On(y) TORTS
PERSO'IAL l);J l,R\ PERSO:SAL L'Jl:R\' 0 310 Aorplane 0 365 Personal lnJul') • 0 3t5 Airplane Product Product L11b1hty
Liability 0 367 Health Care/ 0 320 Assaul~ Libel & Phannaceuncal
Slander Pcrsooal lnJIII') 0 330 Federal Employers· Product L1ab1hty
Liability 0 368 Asbestos Personal 0 340 Marine lnjwy Product 0 345 Manne Product Liability
Liability PERSO~AL PROPERTI' 0 350 Motor Vehicle 0 3 70 Other Fraud 0 355 Motor Vehicle 0 3 71 Truth in Lending
Prodoct Liability a 380 Other Personal a 360 Other Pets0nal Property Damage
lnJU'} 0 385 Property Damage a 362 Personal Injury· Product Liab1hty
Medical Malpraencc Cl\ IL RIGHTS PRl 'iO,ER PE:TITIO~S
0 440 Other Civil Rights Habeas Corpus: 0 441 Voung 0 463 Alien Octaonce 0 442 Employment 0 510 Motions to Vacate 0 443 Ho.uiogl Se.ntcncc
Accommodauons a 530 General ~ 445 Amer. w/Disab,hncs • 0 535 Death Penalty
Employment Other: 0 446 Amer w/Disab1ht1cs • 0 540 Mmdamus & Other
Other 0 5SO Civil Rights 0 448 Education 0 55S Pruon Cood,non
0 560 Civil Detainee • Conditions of Confinement
V. ORIGIN (P/ocean "X' mOMBoxOnl)j
(For Dn-eml) Casts Only) and Ont Box for Defendant) PTF DEF PTF DEF
C11izcn of This State a t O Incorporated or Principal Place a 4 0 4
C111un of Another Swe
C111un or SubJCCt of a Forei!?Tl Countrv
FORFEITt•RF.IPE'IAl,T\
O 625 Drug Related Sem.re
of Business In This State
0 2 0 2 lncorpcnted and Pnncipal Place of Business In Another State
0 3 0 3 Foreign Nation
0 5 0 5
'.J 6 0 6
Click here for. Naturt! of Suit Code l)~scrintion~. BANKRUPTCY 0TH f.R ST A TUTf:S
:::J 422 i\ppw 28 USC 158 0 375 falsc Claims Ac1 of Property 21 USC 881 0 423 W1tbc!rawal 0 376 Qui Tam (31 USC
0 690 Other 28 USC t57 3729(a)) 0 400 State Reapportionment
DD ·1~[RTV UU '. U "' 0 410Anntrust 0 820 Col')--rights 0 430 Banks and Banking 0 830 Patent 0 450 Commerce a 835 Patent· Abbreviated 0 460 Deponation
New Drug Application 0 470 Racl.cteer lnJlucnced and 0 840 TBdcmarl< Corrupt Organizauons
-'-Ha•R son~ Sn RllY a 480 Consumer Credit 0 7 tO Fair Labor Standards 0 861 HIA (13950) 0 485 Telephone Consumer
Act 0 862 Black Lung (923) Protecrion Act 0 720 Labor 'M1114&tmcnt 0 863 OIWCiDl\lo'W (405(g)) 0 490 Cable/Sat TV
Relanons 0 864 SSID Tule XVI a 850 Sccurincs;Commod1tics/ 0 740 Railway Labor Act 0 865 RSI (405(g)) Exchange 0 75 I Family and Medical a 890 Other Statutory Actions
Lc.-eAct a 891 Agrieulrural Acts 0 790 Other Labor Llllgauon FFnrRAL T\X c;urrs 0 193 Eavuonmcntal Mancrs 0 791 Employee Rctirtmcnt 0 '70 Taxes (U.S. Plaintiff 0 895 Freedom of lnfonnation
Income Security Act or Defendant) Act 0 871 IRS- Third Pany 0 896 Arbitration
26 USC 7609 0 899 AdminiJtrath-c ProccduR Act/Review or Appeal of
lM\IIGRATION Agency Decision 0 462 Naturalization Application 0 950 Constitutionality of 0 465 Other lmm1giation State Statutes
Acnons
0 I Original ~ 2 Removed from Proceeding State Court
0 3 Remanded from Appellate Court
0 4 Reinstated or O 5 Transferred from O 6 Multidistrict Reopened Another Distnct Litigation •
0 8 Multidistrict Litigation -
Direct File /f ,., ~ Transfer
I
Cite the U.S. C1v1I Statute under which you are filing (Do not clttjurisdidlonal srarutes unless dfrerslty). American with Disabilities Act 42 USC 12112 a nd Civil Rights 28 USC 1343
YI. CAUSE OF ACTION 1-B- r-ie-f -de-s-cr-ip-ti_o_n -of_c_a-us_e_: -----------------------------------
VII. REQUESTED IN COMPLAINT:
VIII . RELATED CASE(S) IF ANY
DATE 01/16/2020
0 CHECK IF THlS IS A CLASS ACTIOl'i UNDER RULE 23, F R.Cv.P.
(~< 1ns1ruc11otu). JUDGE
OE;\IANOS
~IONATURE OF ATTORNEY OF RECORD
-\L L:c,.< C ('::: FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPL YlNG I FP
CHECK YES only 1f demanded in complaint:
JURY DEMAND: l1!( Yes DNo
DOCKET NUMBER
JUDGE MAG.JUDGE
Case 9:20-cv-80075-XXXX Document 1-1 Entered on FLSD Docket 01/21/2020 Page 1 of 2
JS 44 Rc-crsc (Rev 02/19)
CNSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the infonnation contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the fonn as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendanL If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and tit le.
(b) County of Residence. For each civil case filed. except U.S. plaintiff cases. enter the name of the county where the first listed plaintiff resides at the time of filing. ln U.S. plaintiff cases, enter the name of the county in \\ hich the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order sh0\~11 below. United States plaintiff. ( I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331 , where jurisdiction arises under the Constitution of the United States. an amendment to the Constitution, an act of Congress or a treat) of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section ill below; NOTE: federal question actions take precedence over diversity cases.)
m. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. Ifthere are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: l\lature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. ( I) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441 . Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date a-; the filing date. Transferred from Another District. (S) For cases transferred under Title 28 U.S.C. Section l-104(a). Do not use this for within district transfers or multidislrict litigation transfers. Multidistrict Litigation-Transfer. (6) Check this box when a multidistrict case is transferred imo the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation - Direct File. (8) Check this box \~hen a multidislrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS OT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, t'.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such a~ a preliminary injunction. Jury Demand. Check the appropriate box to indicate ,,..bether or not a jury is being demanded.
VITI. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 9:20-cv-80075-XXXX Document 1-1 Entered on FLSD Docket 01/21/2020 Page 2 of 2
·Filing# 101020866 E-Filed 01/02/2020 12:37:07 PM
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2019-CA-015241-XXXX-MB
VICTOR HERNANDEZ,
Plaintiff,
� PALM BEACH COUNTYFIRE RESCUE. r 0 0
Defendant. J;, {) 1f
vs.
-----' Af \ ,t?J �
SUMMONS IN A CIVIL CASE ( , 5 �O: PALM BEACH COUNTY FIRE RESCUE. Through its Mayor: ( 1 ' '),, .
(
MACK, BERNARD 301 NORTH OLIVE A VENUE, STE, 1201
WEST PALM BEACH, FL. 33401
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY
RAINIER REGUEIRO, ESQ. REMER & GEORGES-PIERRE, PLLC.
COMEAU BUILDING 319 CLEMATIS STREET
SUITE 606 WEST PALM BEACH, FL. 33401
an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk ofthis Court within a reasonable period of time after service.
SHARON R. BOCK --
CLERK--�
--·". _, __ -�
:-·:---:-�·-·· .... · •... ;. •JI / ... • ,r.:
. . ;
:·,. . . . . �
--�· . ... �.: .. ,; .. �:��.;.-·�- . �� t•i._ .. .l' ·-=- .. ·--
(BY) DEPUTY CLERK.JOSIE LUCCE
DATE Jan 02 2020
EXHIBIT 1
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 1 of 12
•Filing # 99575118 E-Filed 11/27/2019 04:34:33 PM
IN THE CIRCUIT COURT OF THE15TH JUDICIAL CIRCUITIN AND FOR- PALM BEACH COUNTY,FLORIDA
.HERNANDEZ Case No.Plaintiff,
vs.
PALM BEACH COUNTY FIRE RESCUBDefendant(s).
/
COMPLAINT
Plaintiff, VICTOR HERNANMZ (heremafter "Plaintiff), by and through the
undersigned counsel, hereby sues Defendant, PALM BEACH COUNTY FIRE RESCUE
("Defendant"), and m support avers as follows:
GENERAL ALLEGATIONS
1. This is an action by the Plaintiff for damages, declaratory and injunctive relief and
damages under the Americans with Disabilities Act of 1990 42 U.S.C. § 12111, et seq.
(<IADA»), as amended, the Florida Civil Rights Act of 5992, Chapter 760, ei seq.
("FCRA"), to redress injuries resulting from Defendant's unlawful, disability-based
discriminatory treatment against Plaintiff.
2. Jurisdiction of this Court is invoked pursuant 28 U.S.C. § 1331 (federal question
jurisdiction) and 28 U.S.C. § 1343 (civil rights claim jurisdiction). Declaratory, injunctive,
legal and equitable reliefs are sought pursuant to the laws set forth above together with
attorneys' fees, Gosts.and damages.
3, Plaintiff continues to be, a resident of Palm Beach County, Florida.
1
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 2 of 12
4. Plamtiff was an employee of Defendant, peiforming duties in Palm Beach County,
Florida,
5. Defendant was a "person" and/or an "employer" pursuant to Florida Civil Rights Act of
1992, Fla. Stat. Section 760.01, et seq., since it employs fifteen or more employees for the
applicable statutory period; and it is subject to the employment discrimination provisions
of the applicable statute, the FCRA.
6. Defendant is a "person" within the purview of the Florida Civil Rights Act of 1992, Fla.
Stat. Section 760,01, et seq.
7. At all times material hereto Defendant was an "employer" within the meaning of Florida
Civil Rights Act of 1 992, Fla Stat. Section 760: 01, et seq.
8. At all times material hereto. Plaintiff was an "employee" within the meaning of Florida
Civil Rights Act of 1992, Fla Stat. Section 760, etseq.
9. Venue is proper m West Palm Beach County because all of the actions complained of
herein occurred withm the jurisdiction of Palm Beach County.
10. On January 28, 2019, Plaintiff filed a timely charge of employment discrimmation with
the Equal Employment Opportunity Commission, the agency which is responsible for
investigating claims of employment discrimmation.
11, On February 15, 2019, Plaintiff filed an Amended charge of employment discrimination
with the Equal Employment Opportunity Commission.
12. All conditions precedent for the filing of this action before this Court has been previously
met, including the exhaustion of all pertinent administrative procedures and remedies.
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 3 of 12
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
13. Plaintiff was employed by Defendant from on or about May 19, 2008, and left for Florida
and Medical Leave (FMLA) on or about March, 20,18.
14. Throughout his employment with Defendant, Plaintiff performed his duties in an
exemplary fashion.
15. Plaintiff started dating Rachael Norman in May, 2017. Rachael Norman is the former
spouse ofLt. Alejandro Hen'era.
16. Plaintiffs ex-girlfnend, Nicole Ackerman, and Lt. Alejandro Hen'era both anonymously
sent allegedly "compromismg pictures" to Plaintiffs supervisor. However, the pictures
were found inconclusive.
17. On January 6, 2018, Plamtiffleft his private residence to go out of town.
18. Although the Palm Beach County Fire Rescue had documentation that Plaintiff was on
vacation, on January 8, 2018, the Palm Beach County Fire Rescue broke into Plaintiffs
residence without verbal or written notice or consent, due to the belief Plaintiff was
suicidal, according to Chief Wasielewski and Chief Gaffhey.
19. Before this incident. Plaintiff never had suicidal thoughts or tendencies^ and the breaking
and entering into Plaintiffs premises was based on the unfound belief of Plaintiffs
suicidal and mental issues.
20. Plaintiff received an email on January 23Fd, 2018 regarding disciplinary action for
unauthorized absence and "accumulative discipline" although according to the Employee
Performance Review Addendum^ Plaintiffs ovemli rating is acceptable and was
condemned by EMS Captain Nahas.
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 4 of 12
21. Plaintiff met with Chief Gafifhey, who made several inappropriate comments about
Plaintiffs health, referring Plaintiff to the Employee Assistance Program (EAP) for a
mental health evaluation.
22. Plaintiff complamed to his Union Representative, Joel Briar, that he was being treated
uufau'ly and the conditions were getting worse and worse, causing the investigation to be
handled with bias.
23. Chief Gaffhey perceives Plaintiff has a mental disability and has acted in a manner to
eliminate Plaintiff from his station due to prejudice he has towards mentally disabled
individuals.
24. Plaintiff was not suicidal before this incident, however, after the accusations and referrals
for mental health evaluations^ Plaintiff has become emotionally distressed and acquired
suicidal tendencies.
25, Because Plaintiff was perceived to have a mental disability, causing emotional distress
and suicidal tendencies. Plaintiff had no choice but to go on FMLA leave.
26. Plaintiff continues to see the FLMA therapist, although his recommendation is that
Plaintiff does not need, nor never needed to see a therapist.
27. Any reason proffered by Defendant for Plaintiffs recommendation of dismissal as a
fu'efighter is mere pretext for unlawful discrimination on the basis of his perceived
disability; throughout Plaintiffs employment he was able to perform the essential
functions of his job duties and responsibilities, and at all relevant times Plaintiff did
perform his job.at satisfactory or above-satisfactory levels
28. Plamtiffhas retained the undersigned counsel In order that his rights and interests may be
protected.
4
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 5 of 12
COUNT IDisability Discnminatwn in Violation of the ADA against
PALM BEACH COUNTY FIRE RESCUE
29. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-29 above as
if set out in full herein.
30. Plaintiff is a member of a protected class under the ADA.
31, By the conduct describe above, Defendant has engaged in discrimination against Plaintiff
because of Plaintiff s disability and subjected the PIaintiffto disability-based animosity.
32. Such discrimination was based upon the Plaintiffs perceived disability in that Plaintiff
would not have been the object of discrimination but for the faet that Plaintiff was
perceived as disabled,
33, Defendrfs conduct complained of herein was willful and in disregard ofPlamtiffs
protected rights. Defendant and its supervisory personnel were aware that discrimination
on the basis of Plamtiffs disability was unlawful but acted in reckless disregard of the
law.
34. At all times material hereto, the employees exhibiting discriminatory conduct towards
Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff s
employment with the Defendant.
35. Defendant retained all employees who exhibited discriminatory conduct toward the
Plamtiffand did so despite the knowledge of said employees engaging in discrimmatory
actions.
36. As a result of Defendant's actions, as alleged herein. Plaintiff has been deprived of rights,
has been exposed to ridicule and embarrassment, and has suffered emotional distress and
damage.
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 6 of 12
37. The conduct of Defendant, by and through the conduct of its agents, employees, and/or
representatives, and the Defendant's failure to make prompt remedial action to prevent
continued discrimination against the Plaintiff, deprived the Plaintiff of statutory rights
under federal law.
38. The actions of the Defendant and/or its agents were willfal, wanton, and intentional, and
with malice or reckless indifference to the Plaintiffs statutorily protected rights, thus
entitling Plaintiff to damages in the form ofcomp.ensatory and punitive damages pursuant
to federal law, to punish the Defendant for its actions and to deter it, and others, from such
action m the future.
39. Plaintiff has suffered and will continue to suffer both irreparable Injury and compensable
damages as a result of Defendant's discriminatory practices unless and until this Honorable
Court grants relief.
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 7 of 12
JURY DEMAND
Plaintiff demands trial by jury of all issues U'iable as of right by Jury,
Dated: 11/27/2019
Respectfully submitted,
/s/Ramier ReeueiroRainier Regueiro, Esq.Florida Bar. No. 115578REMER & GEORGES-PIERRE, PLLC319 Clematis.St. Suite 606West.Palm Beach, PL 33401Telephone: 561-225-1970Fax: 305.416-5005
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 8 of 12
Elg00ffomi6(^0l?
CHARGE OF DISCRIMINATIONfills form (B sffootocl by ttie Prtvacy Act of l87<). 890 oncfosdd Privacy Aot Stfttoinont
nnd otlwfnformntlcm liofuro c.oiTiplotlng thlft rorm,
%»rgePrese> ,To^Agenoy(tesrGharge No(s)
^t FEPA (MDCCHR & FCHR)X. EEOG
EBX-U.S. Equal employment' Qppbrtunity Commission,.F&!jjR-=^£io.a<^L&mml^oa^^^
M£^£IM^XLaffil.-^M&-£oJi^3^L^Name (fndlcQte Mi\ Ms, Mrs.) ' "-'~~Tm^r^~Hom67*hone(inc!, Area Code) | DateofBfrih
.A^GtoLtLe!^_.^__^U§?A63^-71,06-^-_,./JJ4/28/i96iStreet Address City, Slate ahd ZIP Cocle
.^4ArteraCt. . __BoBf£a!!TLB^achA-33^Named is the Employer, Labor Organization £inploymenl Agency, ApprentiGQshjp Cotln>'nitlee. or State or locat Government AyencyThat I believe Discriminated Against Me or Othefs. f^ffiwe ?9"_^^sLt.w^0/'p'A/?r/P^L/A^S ^w-)•Niamp j No, Employees, Membors j Phone No. (Include Area Code)
Palm Beach County Fire Rescue _LQOi^^^^^_-^J.[56rli^I000.,StrtieLAddress City, Siate and 2tP Code
405 Pike Road West Palm Beach,FL> 33411Phone No. (include Area Code)Name
;Not Addre$s City. S^ and Zip Code'. W 3 rt MQ
^!SCRiMfNATION BASED ON (C^C/<8ppropr/ate2}0^^
RACE COLOK ^..SEX „, RELIGION clWMyM%^m?3MFtCE
_,RETAUATIONDisability)
AG£ _X,_ OESABftfTY iLOTHER (Percoived
DATE(S) OlSGRINilNAtlON T00t< PLACE
Eartiesl lafesiPresent1,201»
X. CONTINUING ACTiON
Tti£ PARTICULARS ARK [If QdcittfonQl paper te /leec/ec/, attached exit'a sheQt(s)}:
I .feei that ! have been discriminated and retaliated against by my empioyer Palm Beach County Fire Rescue.;(g6vernment entity) through their S^ior Employees, (rny direct supervisors), Chief Hoch, Chief Wasielski, Chief Gctffney,Cetpfain little, Firefighter/Medic Vhiyets, and Lieuti&nant Prather due to my perceived disability, I am a male individual witha:pQi'Oe!v@cf msntai disability of .Depression and Anxiety who undewent a series of retaliations and discriminations and ihave:been employed by this company since May 19, 2008. The discrimination I was subject to includes, but is not iimitedto> the foilowing:
I was.thc victim of a smear campaign involving my ex-girlfriend (Nicoie AcRerman) and current girlfriend of my fellow co"worker, LL Aiejancto Herrera, where Ms. Ackerman and Lt Herrera both anonymously sent allegedly "compromising"pieiures. to my supervisors with the hopes of getting me fired QS a fire tighter and to end my career because Ackermanand. I used to date and she was ven^eful. However, the photos were deemed inconcfusive, and E have been unfairlytreated, threatened, mocked by my sup©rior$ QV©r since, and i have been sent to a mandated therapist, weekly, everGince eve.n though the therapist has stated that there is no reason for me to be there. For the first Ten yaars of myemployment ! have re-ceived excellent yeariy ovatuations and was without incident requiring a write up. At (he time thissmear campaign was under investigation, (was under enormous $fross and took leave to aifeviate (he stressfut worf<environment and thereafter is when ~1 was Iransfen'ed to a new station assignment and started to receive multiple writtenreprimands, four !n total, from Chief Gaffney that lead to his ultimate recommendation of dismissal as a firefighter. These•t-gprit.nancts all mention my alleged cieclinlng mental heaith even though iny mental health is not declining. The first ofthese write-ups was for threatening an employee and for GoncfuctinQ a fafse report <kiring a fornnaf invesOgadon. These:a[:e fai^e accusations and I was cleared- of ail forma! wrong doing by the administration. The second was while I was on
leave, The write-up. dated 3/9/15, although I was on legive 1/8/18, concluded I w<is "AWOl", even though it wasdbcumentod S was In Orfando o.n vacation. Further, they broke into my house looking for me while I was on vacation,.thinking ;1-was a suicide threat. I received the recowmendation of being suspQdded for three shifts, was told that ! was-m.QntaiTy unstable, and totd that I had mental and personal problems, it was also falsely fabi'icated in the wrile-up, that I'had •9.re.coi'd of disciplinary issues. I had also discussed these matters with Chief Gaffney at an earliet- time, and then was^trategically.transfen'-ed lo'work under Chief Gaffney by Chief Hoch. as a retaiiatton tactic and to be intentional subjected
^miitifpte discrimfnatory practices. ..... ..,.,.. . , ...„,. ._,..!^tie thir^ wflte-up, 3/12/18 had;stated/that ! mi$sed the Presidential detail at Mar-a-Lago, when the truth is ! was merely•j^.^ueto our trucK being reroutQd by security detail, a circumstance Chief Gaff^iy was aware, The action taken by chief.0§ffney recommended my dismissal, even though. proper protOGol of written notice or verbai di'scipfine beforehand was:ni?r-tofowed; The fourth wrlte-up. 3/1Q/16, was "a referral to be sent to EAP for a me^tai health evaluaiion. by Chief.©.affnev, • statinfl I hacf .a noticea&J.e doc(ineJrLmY^"o[^sJSt?aL£^r^^^f^^Y^t^^A+^^^F-'-.'J.rr.—W^I - • *»;* .M., ^^'^ , • ^ . ^-^- - i^-^ - 1^ *'"*' .• - "^ —-^^-^-^""^.—~1J-'"U" —'"^—A-?' '-'" • - "--• L-'-T-•--••—n <— —^ - — - - - -^"" - • ^r""— — —r
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 9 of 12
gri^ance ! may tile WOL)!<I De deniea f'^.anney oui orypw. ynu.way yyaiu wiwu iy j^a. y^^y^./ ^.,u.,^.. „/GWioy Including ! have mental and(. ^onaHite issues. His my feetiri^that Chief;. Viey pencfiivesthat I havementaicflsybitHjes which I do not and heas ao(e<^ in Ibis manner to eliminate m<^ from 'his slatK/.. due to 9 prejudice he ha$ towardsmentally disabled JndivEduals, t had no choico but to go on FMLA iQsive or risk 1?@ing terminated an^ due to this l continueto see a mandated FMLA therapist even though his recommenaation ts that I <f,on't need. nor ever needed to see him,have been unnecessarily harassed, threatened and tnocked by the supervisors. ancf colleagues. S trusted with the truth ofmy matter, and (feel i have beon unfairly treate.d.
S fee! that I am very qualified, and employer recot'ds would demongtrate that t am a good ompioyee. I believe that!havebeen discriminated against in violation of the Civil Rights Act of 1964, Title Vil. the Florida GiviE Rights Act, and tocal laws.
want this charge fiisd with both the E60C ai^d the State or loosl Agenoy,if Qf\y, I witl advise the aoencies if I change my address or phone numberand I wlli cooperate fuffy with (hem in the processing of my charge !naccordance with their procedures.
declare under penalty of pQfjury that the above is true andcon'oct.
jf/SiKOQte ^ ChQi'g^g Party SignQture
MOTARY - When nWQSssry for Slate w(j LocQf AgetwyRequlfTQmwts
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yo:L^^-2^-2Q)4—'or affirm (hat i he^o read the above charge and
that it is true lo Ihe; best of my knowledge, infoftTiation andbeiietSIGNATURE-OF COMPLANANT
SUBSCRIBED AND SWQ^ T( .TMISDATg
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EEOC-IVijAMf DiSTRfCT OPFfCE
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 10 of 12
gBOCForw 5(5/01)
AMENDED CHARGE OF DISCRIMINATIONTfiiR fonn is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement
and other information before completing this form.
Charge Presented to: Agency(ies) Charge No(s):
^L FEPA (MDCCHR & FCHR)X_ EEOC
EEOC-U.S. Equal Employment Opportunity Commission,FCHR—Florida Commission on Human 8_ej_alLo_ns_an_d_
MDCCHR-Miamj-Dade County Commission on Human RightsStafe or locQl Agency, if any
Home Phone (Incl. Area Code)
(954) 638-7906Date of Birth
04/28/1981Name (indicate Mr. Ms. Mrs.)
Mr. Victor HernandezStreet Add res a
2224ArteraCt..Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government AgencyThat) beiieve Discriminated Against Me or Others, (ff more thQn two, list under PARTICULARS below.')
City, State and ZIP CodeRoyal Paim Beach, FL, 33411
Name
Palm Beach County Fire RescueStreet Address
405 Pike RoadName
Street Address
No. Employees, Members50+
City, State and ZIP CodeWest Palm Beach. FL, 33411
Phone No. (Include Area Code)
(561)616-7000
No. Employees, Members Phone No, (Include Area Code)
City, State and ZIP Code
DiSCRiMINATiON BASED ON {Check Qppropriate box(es).)
RACE COLOR SEX __ RELIGION NATIONAL ORIGIN
RETALIATIONDisability)
AGE X DISABILITY x OTHER (Perceived
DAT£(S) DISCRIMINATION TOOK PLACE
Earliest1/201
LatestPresent
_X._ CONTINUING ACTION
THE PARTICULARS ARE (If additional paper is needed. attached extra sheet(s)):
I feel that I have been discriminated and retaliated against by my employer Palm Beach County Fire Rescue.(government entity) through their S.enior Employees, (my direct supervisors), Chief Hoch, Chief WasielsRi, Chief Gaffney,Captain Little, Firefighter/MedEcVinyets, and Lieutenant Prather due to my perceived disabifity. I am a male individual witha perceived mental disability of Depression and. Anxiety who underwent a series of retaliations and discriminations and Ihave been employed by this company since May 19, 2008. The discrimination I was subject to includes, but is not limitedto, the following;
! was the victim of a smear campaign involving my ex-girlfriend (Nicole Ackerman) and current girlfriend of my fellow co"worker, Lt, Alejando Herrera, where Ms. Ackerman and It. Herrera both anonymously sent allegedly "compromising"pictures to my supervisors with the hopes of getting me fired as a fire fighter and to end my career because Ackermanand I used to date and she was vengeful. However, the photos were deemed inconclusive, and I have been unfairlytreated, threatened, mocked by my superiors ever since, and I have been sent to a mandated therapist, weekly, eversince even though the therapist has stated that there is no reason for me to be there. For the first Ten years of myemployment I have received excellent yearly evaluations and was without incident requiring a write up, At the time thissmear campaign was under investigation, I was under enormous stress and took ieave to alleviate the stressfu! workenvironment and thereafter is when t was transferred to a new station assignment and started to receive multiple writtenreprimands, four in total, from Chief Gaffney that lead to his ultimate recommendation of dismissal as a firefighter. Thesereprimands all mention my alieged dectining mental health even though my mental health is not declining. The first ofthese write-iips was for threatening an employee and for conducting a faise report during a forma! investigation. Theseetre false accusations and I was cleared of all formal wrong doing by the administration. The second was white f was onapproved teave. The write-up, datecl 3/9/18, although I was on leave 1/8/18, concluded I was "AWOL", even though it wasdocumented I was in Orlando on vacation. Further, they broke into my house looking for me while I was on vacation,thinking I was a suicide threat. I received the recommendation of being suspended for three shifts, was told that I wasmentaffy unstable, and toid that I had mental and personal problems. It was also falsely fabricated, in the write-up, that ihad a record of disciplinary issues, i had also discussed these matters with Chief Gaffney at an earlier time, and then wasstrategically transferred to worR under Chief Gaffney by Chief Hoch, as a retaliation tactic and to be intentional subjectectto multiple discriminatory practices,The third write-up, 3/12/18 had stated that I missed the Presidential detail at Mar-a-lago, when the truth is I was merelylate due to our truck being reroufed by .security detail. a circumstance Chief Gaffney was aware. The action taken by chiefGaffney recommended my dismissa!; even though proper protocol of written notice or verbal discipline beforehand wasnot followed. The fourth write-up, 3/16/18, was a referral to be sent to EAP for a mentaf health evaluation, by ChiefGaffney, stating I had a nptjce.able decline in my professional perfprmance and work attitude. I was also told that any
Case 9:20-cv-80075-XXXX Document 1-2 Entered on FLSD Docket 01/21/2020 Page 11 of 12
grievance ! may file would be denied byGaffneyoutofsptte,andwas aga.in forced to hear derogatory comments by ChiefGaffney including I have mental and personal life issues. It is my .feeling that Chief Qaftney perceives that I have mentaldisabilities which ! do not and has acted in this manner to eliminate me from hfe station due to a prejudice he has towardsmentally disabled individuals. I had no choice but to go on FMLA leave or risk being terminated and due to this I continueto see a mandated FMLA therapist even though his recommendation is that I don't need, nor ever needed to see him. Ihave been unnecessarily harassed, threatened and mocked by the supervisors, and colleagues, i trusted with the truth ofmy matter, and 1 feel f have been unfairly treated.
I feet that I am very quafified, and employer, records would dem.onstrate that I am a good empioyee. I believe that I havebeen discriminated against in violation of the Americgns with Disabilities Act and the Florida Civii Rights Act, and locaitaws.
i want this charge filed with both the EEOC and the State or focal Agency,if any. I will advise the agencies if t change my address or phone numberand f will cooperate fully with them in the processing of my charge inaccordance with their procedures-
i declare under penalty of perjury that the above is true andcorrect.
^4^^bate Charging PS^y Signature
)TARY ~ When necesswy for State and Local Agenoyi/nwte
\^\^I ^;A.'^.: MY COMMISSION # FF932486''•'^^ gXPlNES Novembor 01, 2019
i, t.<0>'i 'jM-<i't>3, Fi&ridaNoH.'ySente.wrrm.m**^a'i
I swear or affirm that i have read the above charge andthat it is true to the best^f my kpowledgp, infgrmafi^n ^ndbeitorf.""" " :;" ~"'ffn^~aM' "PL, "DCSIGNATURE 0^ COM^LANANT
SUBSCRIBED AND SWO(rnonth, day, j^ea/
[TO. i^MXJHfS DATE')\
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1/21/200ase 9:20-cv-80075-XXXX Document 1-3 EnterikelseHrFLSD Docket 01/21/2020 Page 1 of 1
Dockets & Documents
Public = VOR = - In Process =
Page Size: 25 •
Docket Number Effective Date Description
1:=:1 1 11/27/2019 CIVIL COVER SHEET
I. I 2 11/27/2019 COMPLAINT
3 12/04/2019 DIVISION ASSIGNMENT
CI 4 12/04/2019 PAID $401.00 ON RECEIPT 3442039
ID 5 01/02/2020 SUMMONS ISSUED
CI 6 01/02/2020 PAID $10.00 ON RECEIPT 3479016
ID 7 01/19/2020 SERVICE RETURNED (NUMBERED)
EXHIBIT 2
https://applications.mypalmbeachclerk.com/eCaseView/search.aspx 1/1
--7 7— •- 'x4
1,0—"rti SHARON R. BOCK atiiim ... •
' 1'1: Clerk & Comptroller1r.- fp, Palm Beach County
' *NW,
CASE NUMBER: 50-2019-CA-015241-XXXX-MBCASE STYLE: HERNANDEZ, VICTOR V PALM BEACH COUNTY FIRE RESCUE