First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER

Plaintiff, 

vs. CASE NUMBER: 3:20-CV-4698-

TKW-HTC

 

ESCAMBIA COUNTY BOARD

OF COUNTY COMMISSIONERS and

RAYME EDLER, 

Defendants.

 /

FIRST AMENDED COMPLAINT

COMES NOW, Plaintiff, Mathew Selover (Plaintiff), by and through 

undersigned counsel, herby files this First Amended Complaint against Defendants

Escambia County Board of County Commissioners (ECBCC), and Rayme Edler

(Edler) (collectively referred to as Defendants), and states as follows:

PARTIES

Case 3:20-cv-04698-TKW-HTC Document 20 Filed 04/23/20 Page 1 of 63
First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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1) Plaintiff is a resident of Santa Rosa County, Florida, and, at all times 

material, employed by Escambia County.

2) Defendant ECBCC is a local government entity which governs the 

County of Escambia, in the State of Florida.

3) Defendant Edler is a resident of the State of Florida and is employed as 

the Escambia County Medical Director. Defendant Edler began serving 

in this capacity in approximately April 2018.

4) Plaintiff has worked in emergency medical services since 2009. 

5) Plaintiff is an employee of the Escambia County Board of County 

Commissioners and has been employed as a paramedic for Escambia 

County EMS since February 2012.

6) For approximately the past three and a half (3 1/2) years, Plaintiff was 

employed by Escambia County EMS as a shift Captain. 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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7) Prior to the allegations raised herein, in his more than seven (7) years 

of employment with Escambia County EMS, Plaintiff was never been 

disciplined for inappropriate work conduct. 

8) As the Escambia County Medical Director, Defendant Edler is 

responsible for the medical performance of all Emergency Medical 

Technicians and Paramedics of Escambia County.

FACTUAL BACKGROUND

9) At all times relevant, Plaintiff was not an “at will” employee, but was 

covered under the Merit System, and/or was subject to a collective 

bargaining agreement between the Escambia County Board of County 

Commissioners and the International Association of EMTs and 

Paramedics. 

10) At all times relevant, Plaintiff could only be terminated for cause and 

had a property interest in his employment with Escambia County Board 

of County Commissioners.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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11) In or about March 2019, Plaintiff was advised by his colleague, Diana 

Chavers (Chavers), that Escambia County EMS employees Glenda 

Owens(Owens), and Amanda Frando (Frando) called in a “false delay”

to have a smoke break- behavior that is a source of frequent complaints. 

12) Plaintiff notified his superiors of Owen’s and Frando’s conduct shortly 

after he was advised of same by Chavers.

13) On or about the next day, Chavers was concerned with submitting an 

information report regarding the false delay incident because of 

Defendant Edler’s friendship with Owens; nevertheless, Chavers 

completed, and turned in an information report of the incident. 

14) On or about March 20, 2019, Plaintiff reported to his superiors that 

Escambia County EMS employee Shawn Hoopaugh (Hoopaugh) had 

made inappropriate sexual comments directed at another employee.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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15) A few days after Plaintiff reported Hoopaugh, Hoopaugh angrily 

confronted Plaintiff regarding Plaintiff’s report; an incident which 

Plaintiff also reported to his superiors.

Quality Assurance Meeting

16) On or about April 23, 2019, Plaintiff was contacted by Commander 

James Maddrey (Maddrey) of Escambia County EMS and advised that 

he was required to attend a QA meeting which was to begin in 

approximately fifteen (15) minutes. Maddrey provided no additional 

details regarding the purpose, or topics to be discussed at the QA 

meeting.

17) The QA meeting was called for by Defendant Edler.

18) Plaintiff immediately contacted Escambia County Human Resources 

(HR) to discuss his concerns with attending a meeting with no advanced 

notice, and no explanation of the meeting’s purpose.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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19) After HR initially advised Plaintiff to decline attending the meeting, the 

HR Director, Eric Kleinert contacted Plaintiff and encouraged him to 

attend, assuring Plaintiff that the meeting was non-disciplinary. 

20) Plaintiff attended the meeting, but he brought a union representative, 

Ivey Lett, as a witness.

21) When Plaintiff arrived at the meeting, he discovered that the QA board 

was comprised of Defendant Edler, Hoopaugh, Captain Craig 

Ammons, Bill Hopkins, and Maddrey. 

22) Maddrey did not attend the entire meeting because he left to assist on a 

call. 

23) Plaintiff was previously Bill Hopkins’ supervisor.

24) Bill Hopkins’ is a close friend and/or confidant of Rayme Edler.

25) At the time of the QA meeting, Plaintiff’s report/complaint regarding 

Hoopaugh was still open, and unresolved.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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26) Defendant Edler remarked at the start of the meeting that the meeting 

was non-disciplinary. 

27) At the conclusion of the meeting, the QA board did not recommend 

remediation, re-training, or performance improvement. 

Plaintiff’s Complaint Filed with HR

28) Shortly after the QA meeting, Plaintiff filed a complaint under the 

ECBCC’s HR policies with ECBCC’s HR department against 

Defendant Edler, and expressed concerns with the QA meeting, 

including the fact that he did not have adequate notice, the QA board 

was not impartial, that Dr. Edler brought up matters that were almost a 

year old and/or were already resolved; the QA board was not 

comprised of representatives who usually serve on the board, and that 

he believed that the board was called in retaliation for Plaintiff reporting 

Frando and Owens.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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29) After the QA meeting, Plaintiff continued to work for the Defendants

as a paramedic without any restrictions on his employment for

approximately 23 days. 

30) On or about May 13, 2019, a representative of HR met with EMS Chief 

Leon Salter, Interim Public Safety Director John Dosh (Dosh), and 

Defendant Edler concerning Plaintiff’s complaint against Defendant 

Edler. 

31) At that meeting, after learning of Plaintiff’s complaint, Defendant Edler

suddenly decided that the issues discussed at the QA meeting warrant 

disciplinary action against Plaintiff, and she declared that Plaintiff was

unable to work as a paramedic under her license. 

32) In response to Defendant Edler’s sudden decision to take disciplinary 

action against Plaintiff (after Plaintiff filed a complaint against her), 

Dosh specifically advised Defendant Edler that her conduct appeared 

to be retaliatory in nature.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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33) Defendant Edler continued to press for disciplinary action against 

Plaintiff.

34) On or about May 15, 2019, at the direction of Defendant Edler, Plaintiff 

was informed that he could not work as a paramedic, and he was placed 

on administrative duty.

35) As of May 15, 2019, Plaintiff was restricted to work in only an 

administrative capacity. Plaintiff was not allowed to work overtime in 

this administrative capacity.

36) Plaintiff was not given notice of this proposed discipline, did not have 

a fair and proper opportunity to defend same, and the Defendant Edler

did not follow ECBCC’s own policies regarding convening and 

conducting the QA meeting, or imposing discipline, conduct which 

Defendant ECBCC had a pattern and practice of adopting and/or 

ratifying through known indifference, inaction, or concerted effort to 

prevent a full and fair resolution to employee disputes.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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Defendant Edler’s Complaint to the Florida Department of 

Health Regarding Plaintiff

37) On or about May 16, 2019, Defendant Edler filed a complaint with the 

Florida Department of Health (DOH) concerning Plaintiff.

38) In said DOH complaint, Defendant Edler referred to incidents which 

were never previously reported, and which occurred nearly a year prior 

to the DOH complaint.

39) To date, the DOH has taken no action against Plaintiff regarding the 

complaint filed against Plaintiff by Defendant Edler; in fact, through 

the course of investigating Defendant Edler’s complaint against 

Plaintiff, a third party physician experienced in emergency medicine 

has determined that Defendant Edler’s allegations against Plaintiff are 

unfounded. 

Escambia County’s Investigation, and Processes

40) After the May 13, 2019 meeting with Defendant Edler, the Interim 

County Administrator Matthew Coughlin (Coughlin) instructed Dosh 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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that a performance improvement plan (PIP) needed to be completed in 

order to restore Plaintiff to his full position as a paramedic.

41) Dosh subsequently advised Defendant Edler to draft the PIP. However, 

rather than provide a PIP, Defendant Edler recommended first that 

Plaintiff be demoted to an Emergency Medical Technician (EMT), and 

then that Plaintiff be terminated.

42) Because of the due process concerns expressed by Dosh, and Coughlin, 

Coughlin requested the ECBOCC attorney, Charles Peppler (Peppler), 

for his legal opinion concerning the extent of Defendant Edler’s 

authority under the law, and Peppler advised that Defendant Edler did 

not have the authority to demote, terminate, or otherwise discipline the 

Plaintiff. See Peppler Memo, attached hereto as Exhibit A.

43) Despite Peppler’s legal opinion, Defendant Edler continued, and 

continues to impose discipline on Plaintiff. 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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44) In addition to investigating the discipline Defendant Edler was 

imposing on Plaintiff, Edward Spainhower, an employee in the 

ECBCC’s HR department, was assigned to investigate the Plaintiff’s 

complaint against Edler. The Plaintiff had complained to Spainhower 

that he was being improperly disciplined after he was placed on 

admirative duties.

45) In June 2019, Spainhower issued a report on behalf of Defendant 

ECBCC and determined that Defendant “Edler may have engaged in 

conduct that could be construed as harassment given the manner in 

which the board was assembled and the processes that were followed 

in both reporting [Plaintiff] to the FDOH and in attempting to demote 

him without due process.” (Emphasis added). See Spainhower Report, 

attached hereto as Exhibit B.

46) Spainhower further stated “It is clear that Mr. Selover was not afforded 

the type of due process required by [Escambia County Board of County 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

Law Office of J.J. Talbott

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Commissioners] policy and union collective bargaining agreements 

currently in effect, nor was he afforded the opportunity to adequately 

prepare for a review board that discussed situations from July of 2018 

until May of 2019.” See Exhibit B (emphasis added).

47) In his report, Spainhower recommended that Plaintiff be returned to 

operational status as soon as possible. See Exhibit B.

48) None of Spainhower’s recommendations were implemented or 

followed. See Exhibit B.

49) Despite Spainhower’s June 2019 report that Defendant Edler’s 

complaint against Plaintiff was without merit or improper, Plaintiff 

continued to, and still continues to languish in a demoted, limited or 

restricted position, while Defendant Edler has faced no repercussions.

50) In fact, to make matters worse, Plaintiff was not provided a copy of 

Spainhower’s report when it was completed in June 2019. After the his 

complaint was filed in May 2019, the Plaintiff called HR about the 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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status of the complaint approximately every three (3) weeks, but he was 

not provided an update and was not told that a report was completed. 

He emailed the interim head of HR and even contacted the County 

Administrator to help facilitate the release of the report. He finally was 

able to receive a copy of the report on November 13, 2019 when he 

called the County Attorney’s office and was provided a copy of his file,

which contained the Spainhower report. Thus, Plaintiff was finally 

given a copy of the Spainhower report approximately seven (7) months 

after it was completed. 

51) Plaintiff had no idea that the report was complete or was favorable to 

him and he had no idea that it was recommended that he was returned 

to his paramedic position until he received the report in November 13, 

2019. However, overall, he was satisfied with the findings of the report.

52) Spainhower ultimately determined that demotion and/or termination of 

the Plaintiff was not legally justifiable.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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53) Despite the opinion of Peppler and Spainhower, Defendant Edler 

continued her refusal to draft a PIP and refused to adhere to county 

policies or to refrain from impinging on the Plaintiff’s rights. See July 

12, 2019 Email to Edler attached as Exhibit C.

54) Considering Defendant Edler’s refusal to draft the PIP, in or about July 

2019, Leon Salter was instructed to draft the PIP, which he did.

55) At the time that Leon Salter circulated the PIP, Plaintiff was still 

working in an administrative role, rather than his regular paramedic

position. 

56) Though John Dosh, the Department Director, never issued a report, he 

did approve of, and sign off on, the PIP prepared by Salter. 

57) As part of the PIP, Plaintiff was to work under the supervision of a Field 

Training Officer (FTO) and the PIP was to last ninety (90) days. 

However, it took Escambia County until approximately late August 

2019 to implement the PIP.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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58) Well over 90 days have elapsed since Plaintiff began the PIP, and 

Plaintiff has performed satisfactorily, and met all conditions under the 

PIP, yet Defendants have not returned Plaintiff to his full position as 

paramedic and have not followed the PIP.

59) Plaintiff continued to work in a limited capacity despite that fact that 

Defendants never formally accused Plaintiff of any wrongdoing.

60) Moreover, despite having written policies regarding employee 

discipline and retaliation, Defendants have a pattern and practice of 

violating the policies and failing and refusing to adhere to the policies.

61) For example, according to the Escambia County Board of County 

Commissioners Human Resources policies (HR policies), Defendants 

are required to issue a Notice of Disciplinary Action in writing, which

sets forth the nature of the allegations, the nature of the action to be 

taken, the effective date of the action, and if suspension, the duration 

thereof, and that such notice should be served upon the affected 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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employee. See Exhibit D Escambia County Human Resources Policy, 

p. 71.

62) Additionally, according to the HR policies, Defendants were to 

implement an escalating disciplinary process wherein suspension, and 

demotion are considered more severe measures. Id.

63) Moreover, according to the collective bargaining agreement, 

Defendants may discipline Plaintiff only for just cause. See Exhibit E

Collective Bargaining Agreement.

64) Further, according to the Defendants’ harassment policies, all 

complaints must be immediately investigated and completed within a 

strict time frame. The results must be discussed with the complainant 

and the complainant must be given the opportunity to appeal same to 

the next level. The Defendants did not follow their polices, did not 

follow their timelines, buried the results, did not discuss the results with 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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the Plaintiff, and then they tried to change the results after they were 

final, without obtaining any new evidence.

65) Despite these written policies, Defendants, failed and refused to follow 

their own policies and procedures regarding Plaintiff and his complaint 

about Defendant Edler. Specifically, they failed to follow their policies 

with regard to Plaintiff’s complaint about Edler by not adhering to the 

processed identified in either the HR policies, or the CBA; they allowed 

Edler to retaliate against Plaintiff when their own legal counsel and HR 

representative found that same was improper; and they violated their 

own policies when they punished Plaintiff without allowing him ANY 

due process or notice of the allegations against him.

66) Defendants have a long history, custom, and practice of ignoring 

ECBCC policies and procedures regarding discipline, retaliation, and 

complaints. For example:

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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(a) Defendant ECBCC has expressly admitted failure to follow its own 

policies and procedures, has indicated to management personnel that 

it requires assurances that policies and procedures are being 

followed, but has taken no additional action to ensure compliance,

despite knowledge that policies and procedures are not being 

followed;

(b)In or about April 2018, Defendant ECBCC expressly admitted it 

needed to revise its policies and procedures because same were

consistently not being followed, yet Defendant ECBCC has failed 

to take proper action to demand compliance;

(c) Even after April 2018, the Defendants have systematically refused 

to follow their policies and refused to address complaints in a 

proper, timely manner, to assure due process. For example, there 

are at least five other instances since May 2018, when Edler 

assumed her position, wherein Defendants failed to give the 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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employees proper notice of complaints, failed to timely investigate

complaints, and failed to abide by the escalating disciplinary 

process. Specifically, since 2018, at least 5 other complaints were 

filed against Defendant Edler by members of the EMS department. 

In each of those Complaints, the Defendants failed to follow their 

HR/grievance/hostile work environment policies. In each of these 5 

Complaints, the Defendants effectively buried the complaints, 

failed to issue opinions on the complaints, and, based on information 

and belief, failed to properly inform the complainant of the status or 

finding of the complaint. Like the Plaintiff’s complaint, these other 

5 complaints were against Defendant Edler. Further, like the 

Plaintiff, the Defendant Edler subsequently filed a complaint with 

the DOH against all of those that filed a complaint against her.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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67) The Defendants have a pattern and practice of ignoring their HR 

policies and procedures, burying complaints in the Emergency Medical 

Services, and protecting Dr. Edler. 

68) The Defendants failure, or refusal to return Plaintiff to his full position 

have cost Plaintiff seniority and compensation in that while demoted to 

administrative duties, or duties supervised by an FTO, Plaintiff missed 

out on significant overtime payment, and opportunities for career 

advancement. 

Jana Still’s Post Hoc Findings

69) On or about December 12, 2019, Jana Still, who became the Escambia 

County Director of Human Resources in or about November 2019,

issued a subsequent report concerning Plaintiff’s complaint against 

Defendant Edler, concluding, without adequate explanation or analysis, 

and contrary to Spainhower’s report, that Defendant Edler had not 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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committed retaliation and also concluded that Plaintiff should remain 

under the supervision of a FTO.

70) Plaintiff timely requested the opportunity to appeal Still’s report on 

December 17, 2019, but was told by Still that he had no further appeal 

rights, and that he should seek further avenues of redress.

71) County Attorney Alison Rogers confirmed in writing to Commissioner 

Bergosh that Plaintiff had no option to file an additional internal appeal, 

and specifically advised that Plaintiff would have to file his appeal with 

the courts. This information was relayed to the Plaintiff.

72) Nevertheless, upon information and belief, Ms. Still drafted, and issued 

the above referenced report after meeting with Defendant Edler, and 

Defendant Edler’s private attorney. 

73) Moreover, in adopting the Still report as their final decision, Defendant 

ECBCC failed to follow its own procedures regarding investigating 

Plaintiff’s retaliation complaint against Defendant Edler. 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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74) For example, per Escambia County policy, an investigation is supposed 

to be concluded within 15 days of the complaint being made. Further, 

the HR director is to meet with the complainant within five working 

days after the investigation is concluded. Finally, within 10 days of 

meeting with the complainant, the County is to issue a decision in 

writing which includes findings of fact and a statement for or against 

any disciplinary action.

75) Here, Escambia County failed to conclude the investigation within 15 

days, failed to meet with Plaintiff within the prescribed period of time, 

failed to issue a written decision within the prescribed period of time, 

failed to provide the Plaintiff a copy of the decision within a reasonable 

period of time, failed to discuss the resolution of the complaint with the 

Plaintiff, failed to follow the recommendations of the decision, and then 

amended the decision months after it was final and issued a new 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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contrary decision, by someone who was not involved in the original 

investigation.

76) Based on information and belief, County Commissioner Jeff Bergosh 

attempted to investigate this matter and demanded that Mrs. Still meet 

with him and provide him the evidence which supposedly she reviewed,

and which inspired her to issue the new report contrary to the prior 

report. However, Mrs. Still was not able to locate the “evidence” that 

she relied on. Despite same, Plaintiff still suffered from the adverse 

employment action and has not returned to his prior position as a 

paramedic.

77) In fact, Plaintiff was recently informed by Maddrey on April 9, 2020, 

that Plaintiff was not permitted to attend the supervisors meeting, 

though Plaintiff was previously permitted to attend such meetings, due 

to the restrictions placed on Plaintiff by Defendants ECBCC and Edler. 

Santa Rosa County

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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78) In August 2019, Plaintiff started working a few shifts with Lifeguard 

Ambulance Service in Santa Rosa County Florida, where he worked as 

a paramedic.

79) When Defendant Edler learned that Plaintiff was working at Lifeguard 

Ambulance Service, she took it upon herself to contact Santa Rosa 

County’s medical director, unsolicited, and erroneously claim that 

Plaintiff was not qualified to work as a paramedic. 

80) Santa Rosa County’s medical director investigated this situation and 

concluded that Plaintiff was qualified to work as a paramedic.

81) Defendant Edler contacted the medical director of Santa Rosa County 

in an attempt to prevent the plaintiff from working supplemental work 

as a paramedic and to further punish or take adverse employment action 

against the Plaintiff.

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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82) With Defendants refusing to act, and provide appropriate due process, 

Plaintiff has continued to languish in a demoted position for more than 

ten (10) months, forcing Plaintiff to resign in or about April 2020. 

83) Accordingly, Plaintiff has brought this suit, and has incurred attorney’s 

fees and costs in pursuit thereof.

COUNT I- VIOLATION OF PLAINTIFF’S FOURTEENTH AMENDMENT

PROCEDURAL DUE PROCESS RIGHTS

(Against Defendant Edler in her Official Capacity and Defendant ECBCC)

84) Plaintiff re-alleges and incorporates paragraphs one (1) through eightythree (83) above as if fully set forth herein.

85) Under color of state law, pursuant to authority granted by constitution, 

statute, regulation, or ordinance, Defendants deprived Plaintiff of his 

due process rights protected by the 14th Amendment to the U.S. 

Constitution.

86) “No state shall make or enforce any law which shall abridge the 

privileges or immunities of citizens of the United States; nor shall any 

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First Amended Complaint – Selover v. Esc. County Board of County Commissioners

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state deprive any person of life, liberty, or property, without due process 

of law; nor deny to any person within its jurisdiction the equal 

protection of the laws.” U.S. Const. Amend. 14.

87) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

88) Here, Plaintiff has a protected property interest in his employment 

because Plaintiff was subject to the Collective Bargaining Agreement

(CBA), which provides that no full time employee shall be discharged 

or otherwise disciplined except for just cause; and/or per Escambia 

County’s own customs, policies, practices, and procedures, Plaintiff 

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could be disciplined only “for cause”, thus, disciplinary actions taken 

against Plaintiff by Escambia County must be accompanied by due 

process. Exhibits D, E.

89) Plaintiff has exhausted all remedies afforded to him under the CBA 

and/or Escambia County’s policies.

90) Alternatively, Defendants acts, or omissions have prevented Plaintiff 

from exhausting all remedies afforded to him under the CBA and/or 

Escambia County’s policies. 

91) Plaintiff has suffered a deprivation of his property interest in that 

Defendants demoted Plaintiff, restricted his duties, changed his 

responsibilities or otherwise took action against him which has cost 

Plaintiff seniority, pay, and advancement opportunities without 

providing due process.

92) Defendants violated Plaintiff’s procedural due process rights by failing, 

and/or refusing to afford Plaintiff adequate procedures to address the 

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disciplinary actions imposed on him and his complaint of retaliation 

against Edler, and failing or refusing to abide by the procedures 

established in the CBA and/or Escambia County policies.

93) Defendant ECBCC’s procedures were inadequate in that, among other 

reasons, ECBCC:

a) failed to provide adequate notice of the QA meeting, its purpose, 

and preventing Plaintiff from meaningfully responding to any 

issues raised therein;

b) failed to give notice that he was being disciplined;

c) Defendant Edler has no authority to discipline Plaintiff, yet she 

in fact has imposed discipline on Plaintiff;

d) Defendant Edler has no authority to discipline Plaintiff, yet the 

ECBCC continues to allow her to effectively impose discipline 

on Plaintiff;

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e) disciplined Plaintiff by demoting, transferring, and/or otherwise 

limiting his employment as noted herein without proper notice or 

ability to respond or challenge the decision;

f) failed to follow its own disciplinary policies, and procedures;

g) restricting the Plaintiff’s employment indefinitely, without any 

opportunity and procedure to remove said restrictions;

h) failed to follower Spainhower’s recommendations to return 

Plaintiff to full employment;

i) failed to abide by their own policies and procedures regarding 

the investigation of Plaintiff’s retaliation claim, including failing 

to abide by the timeframe prescribed, and failing to issue a timely 

basis of decision; and

j) intentionally prevented Plaintiff from exhausting his 

administrative remedies.

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94) At all times material, Defendant ECBCC designated Defendant Edler 

as the policy maker regarding employment related actions taken 

pursuant to a QA/QI meeting.

95) At all times material, Defendant ECBCC ratified Defendant Edler’s 

acts or omissions which give rise to Plaintiff’s procedural due process 

claims.

96) At all times material, Defendant ECBCC violated Plaintiff’s 

constitutional rights pursuant to an established history, custom and 

practice of ignoring complaints against Edler, and refusing to follow 

their own written policies either through indifference, inaction, or 

concerted effort to prevent a full and fair resolution to employee 

disputes, and/or to shield Edler from legitimate complaints. 

97) The actions complained of herein deprived Plaintiff of due process 

under the color of state law in that official acts of ECBCC, pursuant to 

the authority invested in ECBCC, and by policy, custom, or practice, 

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prevented Plaintiff from receiving adequate notice that he was subject 

to disciplinary procedures; prevented Plaintiff from a meaningful 

opportunity to be heard and confront the allegations against him; and 

prevented Plaintiff from receiving a timely final decision, meanwhile, 

Plaintiff has been indefinitely demoted.

98) As a direct and proximate result of Defendants’ unlawful actions, 

Plaintiff has suffered, and continues to suffer the deprivation of his due 

process rights, and he has suffered and continues to suffer diminished 

pay, loss of seniority, loss of benefits, and loss of advancement 

opportunities. 

99) Plaintiff has incurred attorney’s fees and costs in bringing this action. 

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

a) Trial by jury on all contested factual issues in this matter;

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b) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

c) A judgement stating that Defendants’ conduct complained of herein is 

a violation of the Fourteenth Amendment of the U.S. Constitution;

d) Award compensatory damages in favor of Plaintiff;

e) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

f) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable.

COUNT II- VIOLATION OF PLAINTIFF’S FOURTEENTH 

AMENDMENT PROCEDURAL DUE PROCESS RIGHTS

(Against Defendant Edler in her Individual Capacity)

100) Plaintiff re-alleges, and incorporates paragraphs one (1) through eightythree (83) above as if fully set forth herein.

101) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

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subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

102) At all times material, Plaintiff was entitled to procedural due process 

regarding his complaint against Edler, and regarding the employment 

decisions taken against him which are described herein.

103) Defendant Edler acted under color of law, using her position as 

Escambia County Medical Director to deprive Plaintiff of his 

procedural due process rights by abusing her authority.

104) Defendant Edler’s conduct was motivated by personal animus towards 

Plaintiff, her actions were intentional, and, in addition to violating 

Plaintiff’s Fourteenth Amendment rights, she unlawfully retaliated 

against Plaintiff in violation of his First Amendment rights.

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105) Specifically, regarding Defendant Edler’s procedural violations: 

Defendant Edler convened a QA meeting where Plaintiff was given just 

15 minutes advance verbal notice of said meeting; despite the lack of 

adequate notice, the QA meeting was comprised of inappropriate and 

conflicted members; Defendant Edler raised issues in the QA meeting 

dating back nearly a year prior to the QA meeting; Defendant Edler 

assured Plaintiff that the QA meeting was non-disciplinary in nature, 

nevertheless, Defendant Edler disciplined Plaintiff by removing him 

from operation, placing him in an administrative position, and then 

demoting Plaintiff to work as a supervised EMT, rather than a 

paramedic; Defendant Edler was advised by Escambia County legal 

counsel that she did not have the authority to discipline Plaintiff, yet 

she has, and continues to impose discipline on Plaintiff; and finally, 

when asked to provide the documents she reviewed to justify her 

decision to discipline Plaintiff, Defendant Edler engaged in a pattern 

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delay, and evade, while she post hoc gathered documents to justify her 

actions. 

106) Defendant Edler’s acts or omissions described herein were in violation 

of clearly established law. 

107) Defendant ECBCC’s own representatives Dosh, Spainhower, 

Coughlin, and the ECBCC’s attorney, Peppler, all stated their concerns 

with due process violations presented by Edler’s conduct. 

108) Thus, the due process violations were /are clear to even Defendant 

ECBCC. 

109) Plaintiff is entitled to compensatory punitive damages against 

Defendant Edler individually as her conduct violated well-established 

law, was retaliatory in nature, and Defendant Edler further acted 

recklessly and with callous indifference towards Plaintiff’s due process 

rights under the 14th Amendment to the U.S. Constitution. 

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110) As a direct and proximate result of Defendant Edler’s unlawful actions 

in her individual capacity, Plaintiff has suffered, and continues to suffer 

the deprivation of his due process rights, and he has suffered and 

continues to suffer diminished pay, loss of seniority, loss of benefits, 

and loss of advancement opportunities.

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

a) Trial by jury on all contested factual issues in this matter;

b) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

c) A judgement stating that Defendant Edler’s conduct in her individual 

capacity complained of herein is a violation of the Fourteenth

Amendment of the U.S. Constitution;

d) Award punitive damages in favor of Plaintiff;

e) Award compensatory damages in favor of Plaintiff;

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f) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

g) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable.

COUNT III- VIOLATION OF PLAINTIFF’S FOURTEENTH 

AMENDMENT SUBSTANTIVE PROPERTY RIGHTS

(Against Defendant Edler in her Official Capacity and Defendant ECBCC)

111) Plaintiff re-alleges, and incorporates paragraphs one (1) through ninetynine (99) above as if fully set forth herein.

112) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

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113) Under color of state law, pursuant to authority granted by constitution, 

statute, regulation, or ordinance, Defendants deprived Plaintiff of his 

substantive property rights protected by the 14th Amendment to the U.S. 

Constitution.

114) Plaintiff was an employee of ECBCC who was subject to discharge 

only with cause.

115) Plaintiff’s right to continued employment by the ECBCC as a 

paramedic is a substantive property right protected by the 14th

Amendment to the U.S. Constitution.

116) Defendants caused the deprivation of Plaintiff’s substantive property 

rights by deliberately making Plaintiff’s working conditions 

intolerable, forcing Plaintiff to resign.

117) Defendants actions made Plaintiff’s working conditions intolerable in 

that Defendants intentionally denied Plaintiff due process regarding his 

complaint against Edler and the discipline being imposed upon him by 

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Edler, and allowed Plaintiff to languish in his demoted status for more 

than ten (10) months, even though Plaintiff complied with the PIP, and 

all other conditions ECBCC imposed on him.

118) After being recently informed that Defendants will continue to exclude 

him from the supervisors meeting because of his demoted status, 

Plaintiff was forced to resign his position with ECBCC.

119) At all times material, Defendant ECBCC designated Defendant Edler 

as the policy maker regarding employment related actions taken 

pursuant to a QA/QI meeting.

120) At all times material, Defendant ECBCC ratified Defendant Edler’s 

acts or omissions which give rise to Plaintiff’s substantive due process 

claims.

121) At all times material, Defendant ECBCC violated Plaintiff’s 

constitutional rights pursuant to an established history, custom and 

practice of ignoring complaints against Edler, and refusing to follow 

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their own written policies either through indifference, inaction, or 

concerted effort to prevent a full and fair resolution to employee 

disputes, and/or to shield Edler from legitimate complaints.

122) The actions complained of herein deprived Plaintiff of his substantive 

property rights under the color of state law in that official acts of 

ECBCC, pursuant to the authority invested in ECBCC, and by policy, 

custom, or practice, caused Plaintiff’s constructive discharge from 

employment. 

123) Defendants lacked cause to impose such discipline on Plaintiff. 

124) Defendants’ deprivation of Plaintiff’s substantive rights was pretextual, 

arbitrary and capricious. 

125) As a direct and proximate result of Defendants’ unlawful actions, 

Plaintiff has suffered, and continues to suffer the deprivation of his 

substantive rights, and he has suffered and continues to suffer loss of 

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income, loss of seniority, loss of benefits, and loss of advancement 

opportunities. 

126) Plaintiff has incurred attorney’s fees and costs in bringing this action. 

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

g) Trial by jury on all contested factual issues in this matter;

h) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

i) A judgement stating that Defendants’ conduct complained of herein is 

a violation of the Fourteenth Amendment of the U.S. Constitution;

j) Award compensatory damages in favor of Plaintiff;

k) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

l) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable 

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COUNT IV- VIOLATION OF PLAINTIFF’S FOURTEENTH 

AMENDMENT SUBSTANTIVE PROPERTY RIGHTS

(Against Defendant Edler in her Individual Capacity)

127) Plaintiff re-alleges, and incorporates paragraphs one (1) through eightythree (83), and one-hundred and one (101) through one-hundred and ten

(110) above as if fully set forth herein.

128) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

129) Under color of state law, pursuant to authority granted by constitution, 

statute, regulation, or ordinance, Defendant Edler deprived Plaintiff of 

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his substantive property rights protected by the 14th Amendment to the 

U.S. Constitution.

130) Plaintiff was an employee of ECBCC who was subject to discharge 

only with cause.

131) Plaintiff’s right to continued employment by the ECBCC as a 

paramedic is a substantive property right protected by the 14th

Amendment to the U.S. Constitution.

132) Defendant Edler caused the deprivation of Plaintiff’s substantive 

property rights by deliberately making Plaintiff’s working conditions 

intolerable, forcing Plaintiff to resign.

133) Defendant Edler’s actions made Plaintiff’s working conditions 

intolerable in that Defendant Edler intentionally denied Plaintiff due 

process, refused to return Plaintiff to his previous position, and she 

allowed Plaintiff to languish in his demoted status for more than ten 

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(10) months, even though Plaintiff complied with the PIP, and all other 

conditions ECBCC imposed on him.

134) After being recently informed that Defendants will continue to exclude 

him from the supervisors meeting because of his demoted status, 

Plaintiff was forced to resign his position with ECBCC.

135) The actions complained of herein deprived Plaintiff of his substantive 

property rights under the color of state law in that Defendant Edler 

abused her position as Medical Director of Escambia County, and 

caused Plaintiff’s constructive discharge from employment. 

136) As a direct and proximate result of Defendant Edler’s unlawful actions, 

Plaintiff has suffered, and continues to suffer the deprivation of his 

substantive rights, and he has suffered and continues to suffer loss of 

income, loss of seniority, loss of benefits, and loss of advancement 

opportunities.

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137) Defendant Edler was admonished numerous times by ECBCC 

representatives, agents, or employees that her conduct violated 

Plaintiff’s due process rights, and that her conduct was retaliatory and 

harassing in nature.

138) Defendant Edler’s conduct violated clearly established law. 

139) Plaintiff has incurred attorney’s fees and costs in bringing this action.

140) Defendant Edler lacked cause to impose such discipline on Plaintiff. 

141) Defendant Edler’s deprivation of Plaintiff’s substantive rights was 

pretextual, arbitrary and capricious

142) Plaintiff is entitled to compensatory punitive damages against 

Defendant Edler individually as her conduct violated well-established 

law, was retaliatory in nature, and Defendant Edler further acted 

recklessly and with callous indifference towards Plaintiff’s due process 

rights under the 14th Amendment to the U.S. Constitution. 

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143) As a direct and proximate result of Defendant Edler’s unlawful actions 

in her individual capacity, Plaintiff has suffered, and continues to suffer 

the deprivation of his substantive due process rights, and he has 

suffered and continues to suffer diminished pay, loss of seniority, loss 

of benefits, and loss of advancement opportunities.

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

h) Trial by jury on all contested factual issues in this matter;

i) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

j) A judgement stating that Defendant Edler’s conduct in her individual 

capacity complained of herein is a violation of the Fourteenth

Amendment of the U.S. Constitution;

k) Award punitive damages in favor of Plaintiff;

l) Award compensatory damages in favor of Plaintiff;

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m) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

n) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable

COUNT V- UNLAWFUL RETALIATION IN VIOLATION OF THE FIRST 

AND FOURTEENTH AMENDMENTS

(Against Defendant Edler in her Official Capacity and Defendant ECBCC)

144) Plaintiff re-alleges, and incorporates paragraphs one (1) through ninetynine (99), and paragraphs one-hundred and twelve (112) through onehundred and twenty-six (126) above as if fully set forth herein. 

145) Amendment I of the United States Constitution provides in pertinent 

part: “Congress shall make no law . . . abridging the freedom of 

speech.”

146) The Speech Clause of the First Amendment was made applicable to the 

states under the Fourteenth Amendment in Gitlow v. New York, 268 

U.S. 652 (1925). 

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147) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

148) Defendants’ actions as described herein violated Plaintiff’s Free Speech 

rights under the color of state law. 

149) At all times relevant, Plaintiff exercised his First Amendment rights 

when filing his complaint against Defendant Edler regarding the 

improper QA meeting.

150) Further, Plaintiff’s complaint against Defendant Edler involved a 

matter of public concern in that the complaint concerned the policies, 

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practices, and procedures implemented by Escambia County, and 

Defendant Edler, the Director of Escambia County EMS. 

151) Here, Plaintiff’s complaint was filed in response to a procedurally 

inappropriate QA meeting, and was intended to seek redress for the 

procedural due process violations apparent in the circumstances 

surrounding the QA meeting, and draw attention to Defendant Edler’s 

violation(s) of ECBCC policy. 

152) Defendant Edler, shortly after being notified of Plaintiff’s complaint, 

then began a campaign of retaliation against Plaintiff which includes, 

but is not limited to:

a) Removing Plaintiff from field work, and placing him in an 

administrative position;

b) Demoting Plaintiff, and refusing to allow him to work as 

a paramedic; and

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c) Contacting Plaintiff’s additional employer and falsely 

representing that Plaintiff is not qualified to work as a 

paramedic.

153) Plaintiff’s complaint against Defendant Edler did not impede the 

performance of Escambia County EMS, or interfere with the regular 

operation thereof.

154) Despite knowing that Defendant Edler did not possess the authority to 

discipline Plaintiff as described above, Defendant ECBOCC has taken 

no action to relieve Plaintiff from the discipline imposed upon him by 

Defendant Edler; thus, Plaintiff continues to suffer negative 

employment actions due to the actions of Defendants Edler and 

ECBOCC.

155) Plaintiff’s complaint against Defendant Edler was, and is, a substantial 

motivating factor in the Defendants’ retaliatory discipline of Plaintiff.

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156) At all times material, Defendant ECBCC designated Defendant Edler 

as the policy maker regarding employment related actions taken 

pursuant to a QA/QI meeting.

157) At all times material, Defendant ECBCC ratified Defendant Edler’s 

acts or omissions which give rise to Plaintiff’s substantive due process 

claims.

158) At all times material, Defendant ECBCC violated Plaintiff’s 

constitutional rights pursuant to an established history, custom and 

practice of ignoring complaints against Edler, and refusing to follow 

their own written policies either through indifference, inaction, or 

concerted effort to prevent a full and fair resolution to employee 

disputes, and/or to shield Edler from legitimate complaints.

159) Plaintiff’s disciplinary record does not support the discipline he has 

been forced to endure due to the Defendants’ actions.

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160) Plaintiff’s complaint against Defendant Edler is protected Free Speech 

under the First Amendment. 

161) As a direct, and proximate cause of the actions of the Defendants, 

Plaintiff has suffered loss of professional standing and position; 

emotional distress; embarrassment; humiliation; and damage to his 

good name and reputation, all of which are injuries that are continuing, 

and permanent.

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

o) Trial by jury on all contested factual issues in this matter;

p) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

q) A judgement stating that Defendants’ conduct complained of herein is

a violation of the First Amendment of the U.S. Constitution;

r) Award compensatory damages in favor of Plaintiff;

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s) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

t) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable.

COUNT VI- UNLAWFUL RETALIATION IN VIOLATION OF THE FIRST 

AND FOURTEENTH AMENDMENTS

(Against Defendant Edler in her Individual Capacity)

162) Plaintiff re-alleges, and incorporates paragraphs one (1) through eightythree (83), and paragraphs one-hundred and one (101) through onehundred and ten (110) and paragraphs one-hundred and twenty-eight

(128) through one-hundred and forty-three (143) above as if fully set 

forth herein. 

163) “Every person who, under color of any statute, ordinance, regulation, 

custom, or usage, of any State or Territory or the District of Columbia, 

subjects, or causes to be subjected, any citizen of the United States or 

other person within the jurisdiction thereof to the deprivation of any 

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rights, privileges, or immunities secured by the Constitution and laws, 

shall be liable to the party injured in an action at law, suit in equity, or 

other proper proceeding for redress . . . .” 42 U.S.C. § 1983.

164) Defendants’ actions as described herein violated Plaintiff’s Free Speech 

rights under the color of state law.

165) Defendant Edler used her position as Escambia County Medical 

Director to abuse her authority, and her actions complained of herein

were motivated by personal animus towards Plaintiff, and she 

intentionally, and unlawfully retaliated against him in violation of 

Plaintiff’s First Amendment rights.

166) Specifically, Defendant Edler engaged in a campaign of retaliation 

against Plaintiff upon learning of Plaintiff’s report against her regarding 

the inappropriate QA meeting.

167) Defendant Edler’s acts or omissions were in violation of clearly 

established law. 

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168) Defendant ECBCC’s own representatives Dosh, and Spainhower both 

noted that Defendant Edler’s conduct appeared to be retaliatory and 

harassing in nature in response to Plaintiff filing an HR complaint 

against Edler.

169) Plaintiff’s complaint against Edler is Free Speech protected under the 

First Amendment. 

170) Plaintiff is entitled to compensatory punitive damages against 

Defendant Edler individually as her conduct violated well-established 

Florida, and federal laws, was retaliatory in nature, and Defendant Edler 

further acted recklessly and with callous indifference towards 

Plaintiff’s rights under the First Amendment. 

171) As a direct and proximate result of Defendant Edler’s unlawful actions 

in her individual capacity, Plaintiff has suffered, and continues to suffer 

the deprivation of his due process rights, and he has suffered and 

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continues to suffer diminished pay, loss of seniority, loss of benefits, 

and loss of advancement opportunities.

WHEREFORE, Plaintiff prays for declaratory relief, and respectfully requests 

judgment as follows:

u) Trial by jury on all contested factual issues in this matter;

v) Preliminary/permanent injunctive relief compelling Defendants to 

restore Plaintiff to his previous rank, title, pay, privileges, and benefits;

w) A judgement stating that Defendant Edler’s conduct in her individual 

capacity complained of herein is a violation of the First Amendment of 

the U.S. Constitution;

x) Award punitive damages in favor of Plaintiff;

y) Award compensatory damages in favor of Plaintiff;

z) Award Attorney’s fees, statutory fees, and costs pursuant to 42 U.S.C. 

§ 1988.

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aa)Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable.

COUNT VII- UNLAWFUL RETALIATION PURSUANT TO FLORIDA 

STATUTE SECTION 112.3187

(Against Defendant Edler in her Official Capacity and Defendant ECBCC)

172) Plaintiff re-alleges, and incorporates paragraphs one (1) through eightythree (83) above as if fully set forth herein.

173) Pursuant to Section 112.3187, Florida Statutes (the Whistle-blower’s 

Act), the following actions are prohibited:

a) An agency or independent contractor shall not 

dismiss, discipline, or take any other adverse 

personnel action against an employee for disclosing 

information pursuant to the provisions of this 

section; and

b) An agency or independent contractor shall not take

any adverse action that affects the rights or interests

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of a person in retaliation for the person’s disclosure

of information under this section.

Fla. Stat. § 112.3187(4) (2019).

174) The Whistle-Blower’s Act protects employees and persons who 

disclose information on their own initiative in a written and signed 

complaint. Fla. Stat. § 112.3187(7) (2019).

175) Protected disclosures under the Whistle-blower’s Act include:

a) Any violation or suspected violation of any federal, 

state, or local law, rule, or regulation committed by 

an employee or agent of an agency or independent 

contractor which creates and presents a substantial 

and specific danger to the public’s health, safety, or 

welfare; and

b) Any act or suspected act of gross mismanagement, 

malfeasance, misfeasance, gross waste 

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of public funds, suspected or actual Medicaid fraud 

or abuse, or gross neglect of duty committed by an 

employee or agent of an agency or independent 

contractor.

Fla. Stat. § 113.3187(5) (2019).

176) At all times material, Plaintiff was Defendants’ employee, and 

protected by the provisions of the Whistle-blower’s Act.

177) Here, Plaintiff filed a written complaint against Defendant Edler on or 

about May 1, 2019, objecting to the inappropriate QA meeting, and the 

resulting due process violations.

178) Subsequent to the QA meeting, Plaintiff worked in his full capacity as 

a paramedic with no restrictions for approximately 23 days.

179) However, shortly after Defendant Edler learned that Plaintiff had filed 

a complaint against her, Defendant Edler began imposing disciplinary 

measures against Plaintiff; specifically, Defendant Edler caused 

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Plaintiff to be demoted to administrative duties, and then as an EMT 

working under an FTO. 

180) Defendant Edler then engaged in a calculated effort to impugn the 

reputation of Plaintiff, in an attempt to prevent Plaintiff from returning 

to work as a paramedic; going so far as to contact Plaintiff’s Santa 

Rosa County employer, and allege that Plaintiff is not qualified to 

work as a paramedic. 

181) The actions complained of herein are part of a continuing effort to 

retaliate against Plaintiff for reporting Defendant Edler’s inappropriate 

conduct, in violation of Fla. Stat. § 112.3187 (2019); in fact, 

Defendant’s retaliatory conduct continues as of the filing of this 

Complaint, as Plaintiff has yet to be restored to his previous position, 

and Defendant Edler has interfered with Plaintiff’s additional 

employment by contacting his other employer, and disparaging 

Plaintiff’s qualifications.

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182) In fact, due to languishing in a demoted role, and Defendants’ 

continued failure or refusal to afford Plaintiff due process for more 

than ten (10) months, Plaintiff was recently not allowed to attend 

meeting of the EMS supervisors (which he had attended in the past) 

due to the limitations placed upon him by Defendants, and he forced 

to resign his position. 

183) Plaintiff has exhausted his administrative remedies, or alternatively, 

Defendants have prevented Plaintiff from exhausting his 

administrative remedies. 

184) Plaintiff has incurred attorney’s fees and costs in bringing this action.

WHEREFORE, Plaintiff prays for relief, and respectfully requests judgment 

as follows:

a) Trial by jury on all contested factual issues in this matter;

b) Award compensatory damages in favor of Plaintiff;

c) Award punitive damages in favor of Plaintiff;

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d) Award Attorney’s fees, statutory fees, and costs pursuant to Fla. Stat. § 

112.3187.

e) Grant such other relief as may be necessary to effectuate the Court’s 

judgment, or as the Court otherwise deems just and equitable. 

PLAINTIFF DEMANDS A TRIAL BY JURY

DATED this 23rd day of April, 2020. 

Respectfully submitted,

/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

FL Bar No. 015484

TRAVIS P. LAMPERT, ESQ. 

FL Bar No. 0099843

Law Office of Jeremiah J. Talbott, P.A.

900 E. Moreno Street

Pensacola, Fla. 32503

(850) 437-9600 / (850) 437-0906 (fax)

jjtalbott@talbottlawfirm.com

civilfilings@talbottlawfirm.com

Attorneys for Plaintiff

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