UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CLIFTON RICHARD,

Plaintiff,

vs.

CENTURION OF FLORIDA, LLC and 

MHM HEALTH PROFESSIONALS,

LLC f/k/a MHM HEALTH 

PROFESSIONALS INC.,

Defendants.

________________________/

Case No. __________________

COMPLAINT

Plaintiff Clifton Richard sues Defendants Centurion of Florida, LLC

and MHM Health Professionals, LLC f/k/a MHM Health Professionals Inc., 

and alleges:

Nature of the Action

1. This is an action to remedy unlawful discrimination, a racially 

hostile work environment, and retaliation under 42 U.S.C. § 2000e, et seq., 

42 U.S.C. § 1981, and Florida Statutes § 760.01, et seq.

Parties

2. At all material times, Plaintiff Clifton Richard has been a resident 

of Escambia County, Florida. Plaintiff is a member of a protected class 

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 1 of 10
2

because of his race (African-American) and because he reported and/or 

opposed unlawful employment practices.

3. Defendant Centurion of Florida, LLC (“Centurion”) is a Florida

limited liability company organized and existing under the laws of the State 

of Florida. At all material times, Centurion has been an “employer” as that 

term is used under the applicable laws.

4. Defendant MHM Health Professionals, LLC (“MHMHP”), 

formerly known as MHM Health Professionals Inc., is a foreign limited 

liability company authorized and doing business in the State of Florida. At 

all material times, MHMHP has been an “employer” as that term is used 

under the applicable laws.

Jurisdiction and Venue

5. This Court has jurisdiction under 28 U.S.C. § 1331 because 

Plaintiff asserts claims arising under the laws of the United States. 

6. The Court has supplemental jurisdiction over Plaintiff’s state-law 

claims under 28 U.S.C. § 1367(a) because those claims are so related to the 

federal claims that they form part of the same case or controversy.

7. Venue is proper in this Court because a substantial part of the 

events or omissions giving rise to the claims occurred in this District.

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 2 of 10
3

Conditions Precedent

8. All conditions precedent to bringing this action have been 

performed or have occurred.

Factual Allegations

9. Centurion and MHMHP jointly employed Plaintiff.

10. Plaintiff began his employment with Defendants in May 2016 as 

a Mental Health Professional at the Santa Rosa Correctional Institution 

(“SRCI”) in Milton, Florida.

11. In October 2018, Plaintiff attended a meeting in the Warden’s 

office at the SRCI with some of his co-workers and supervisors to address an 

incident in which a Corrections Officer at the facility had fashioned and 

displayed a noose to an African-American co-worker. 

12. Plaintiff and his co-workers reported during the meeting that 

they considered the Officer’s actions to be racist, that the actions created a

racially hostile work environment, and that the Officer’s continued presence 

at the facility sent a message that racist acts of intimidation were accepted 

and condoned at the SRCI.

13. In April 2019, one of Plaintiff’s African-American co-workers 

was suspended the day after she reported an incident in which she saw an 

African-American inmate who appeared to have beaten by Corrections 

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 3 of 10
4

Officers. Two weeks later, the co-worker was fired. This caused the Mental 

Health Professionals at the facility to fear that they would be retaliated 

against for reporting misconduct including actual or potential unlawful acts.

14. On several occasions in the following weeks, Plaintiff and his

fellow Mental Health Professionals met with their supervisors and voiced 

their concerns about the racially hostile work environment and their fear of 

being retaliated against for writing mandated incident reports. Plaintiff and 

his co-workers suggested several possible actions that could be taken to 

ameliorate the situation. Defendants responded, however, that little (if 

anything) could be done because the Corrections Officers involved were 

employed by the Florida Department of Corrections and not Defendants.

15. On April 22, 2019, Plaintiff and the other Mental Health 

Professionals attended a meeting with their supervisors and the Warden. 

During this meeting, rather than having their concerns addressed, Plaintiff 

and his co-workers were yelled at, told not to “stir the pot,” and ordered to 

“cease and desist” discussing the noose incident in the workplace.

16. On or about July 4, 2019, one of Plaintiff’s African-American coworkers was told that a Corrections Officer at the SRCI had been overheard 

talking about locking her in a room with inmates and letting the inmates

“beat the shit out of” her. After viewing the facility’s videotapes and 

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 4 of 10
5

confirming that the allegations were true, the co-worker met with her 

department supervisor, reported that she was concerned for her safety and 

that of her co-workers, and requested to meet with the Warden to discuss her 

concerns.

17. At the request of some of the Mental Health Professionals, 

another meeting was held with their supervisors on July 11, 2019. 

18. At the meeting, Plaintiff and his fellow Mental Health 

Professionals complained that the Corrections Officers who had engaged in 

racist and threatening behavior were still working at the facility, and that

Defendants had failed to provide a safe, non-hostile work environment. 

When Defendants again indicated that little (if anything) could be done, it 

was agreed that Plaintiff and his co-workers would take a “mental health 

day.”

19. When they attempted to return to work on July 12, 2019, Plaintiff 

and the other Mental Health Professionals who had attended the meeting on 

July 11 were told that their hostile work environment complaints were being 

investigated and that they would not be permitted to return until the 

investigation was complete. They were later advised that they had been 

suspended without pay for “abandoning” their patients.

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 5 of 10
6

20. On or about July 12, 2019, Plaintiff filed a charge of 

discrimination against Centurion with the Florida Commission on Human 

Relations, alleging that he had been discriminated against because of his race 

and color.

21. On July 19, 2019, the EEOC forwarded a copy of Plaintiff’s charge 

of discrimination to Defendants.

22. On or about July 23, 2019, Defendants advised Plaintiff that he 

could transfer to another correctional facility that was about an hour-and-ahalf drive away from his home. 

23. By email dated August 2, 2019, Plaintiff advised Defendants that 

he was resigning because of the driving distance to the only facility at which 

they would allow him to work.

COUNT 1

RACE DISCRIMINATION

24. Plaintiff realleges paragraphs 1 through 23 above.

25. Plaintiff has been discriminated against because of his race in 

that he was treated differently than similarly situated non-AfricanAmerican employees based, at least in part, on his race. 

26. Defendants are liable for the differential treatment towards 

Plaintiff because they controlled the actions and inactions of the persons 

making decisions affecting Plaintiff or they knew or should have known 

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 6 of 10
7

about those actions or inactions and failed to take prompt and adequate 

remedial action or took no action at all to prevent the abuses of Plaintiff.

27. Defendants also knowingly condoned and ratified the differential 

treatment of Plaintiff because they allowed and/or participated in the 

differential treatment.

28. The discrimination complained of herein affected a term, 

condition, or privilege of Plaintiff’s employment with Defendants and 

constitutes adverse employment action.

29. Defendants’ acts and omissions constitute intentional 

discrimination and unlawful employment practices based on race, in 

violation of 42 U.S.C. § 1981, 42 U.S.C. § 2000e, et seq., and Florida Statutes 

§ 760.01, et seq.

30. As a direct and proximate result of Defendants’ conduct 

described above, Plaintiff has suffered emotional distress, mental pain and 

suffering, past and future pecuniary losses, inconvenience, mental anguish, 

loss of enjoyment of life and other non-pecuniary losses. These damages 

have occurred in the past, are permanent and continuing. Plaintiff is entitled 

to injunctive relief.

31. Plaintiff is entitled to recover his attorney’s fees and costs under 

42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), and Florida Statutes § 760.11(5).

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 7 of 10
8

COUNT 2

HOSTILE WORK ENVIRONMENT

32. Plaintiff realleges paragraphs 1 through 23 above.

33. Plaintiff was subjected to unwelcome harassment based, at least 

in part, on his race and/or because he had complained about race 

discrimination. 

34. The harassment was sufficiently severe or pervasive to alter the 

terms and conditions of Plaintiff’s employment and create an abusive 

working environment.

35. Defendants are liable for the harassment because they controlled 

the actions and inactions of the persons making decisions affecting Plaintiff 

or they knew or should have known about those actions or inactions and 

failed to take prompt and adequate remedial action.

36. Defendants also knowingly condoned and ratified the hostile 

work environment because they participated in and/or allowed it to occur.

37. Defendants’ knowing allowance and ratification of the actions 

and inactions created, perpetuated, and facilitated an abusive and offensive 

work environment under the law.

38. As a direct and proximate result of Defendants’ conduct 

described above, Plaintiff has suffered emotional distress, mental pain and 

suffering, past and future pecuniary losses, inconvenience, mental anguish, 

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 8 of 10
9

loss of enjoyment of life and other non-pecuniary losses. These damages 

have occurred in the past, are permanent and continuing. Plaintiff is entitled 

to injunctive relief.

39. Plaintiff is entitled to recover his attorney’s fees and costs under 

42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), and Florida Statutes § 760.11(5).

COUNT 3

RETALIATION

40. Plaintiff realleges paragraphs 1 through 23 above.

41. Plaintiff reported and/or opposed unlawful employment 

practices during his employment with Defendants.

42. Defendants retaliated against Plaintiff for reporting and/or 

opposing the unlawful employment practices.

43. As a direct and proximate result of Defendants’ acts and 

omissions, Plaintiff has suffered emotional distress, mental pain and 

suffering, past and future pecuniary losses, inconvenience, mental anguish, 

loss of enjoyment of life and other non-pecuniary losses. These damages 

have occurred in the past, are permanent and continuing. Plaintiff is entitled 

to injunctive relief.

44. Plaintiff is entitled to recover his attorney’s fees and costs under 

42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), and Florida Statutes § 760.11(5).

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 9 of 10
10

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment in his

favor and against Defendants awarding compensatory damages, punitive 

damages, pre- and post-judgment interest, attorney’s fees, and costs;

granting equitable relief mandating Defendants’ obedience to the laws 

enumerated above and permanently enjoining Defendants from future 

violations of those laws; and granting such other and further relief as the

Court deems just and appropriate.

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury as a matter of right on all matters so 

triable.

DATED: July 27, 2020

TEIN MALONE PLLC

/s/ Gaye L. Huxoll

Gaye L. Huxoll

Florida Bar No. 149497

ghuxoll@teinmalone.com

(305) 442-1101

Counsel for Plaintiff

Case 3:20-cv-05686-TKW-EMT Document 1 Filed 07/27/20 Page 10 of 10