Filing #,159392186 E-Filed 10/17/2022 03:41:10 PM 

IN THE CIRCUIT COURT OF THE 

11 TH JUDICIAL CIRCUIT IN AND FOR 

MIAMLDADE COUNTY, FLORIDA 

DONALD RAY PENNEY Case No.: 

Plaintiff, 

vs. 

MONITROI~TICS INTERNATIONAL, INC, 

Defendant. 

/ 

COMPLAINT 

COMES NOW, The Plaintiff, DONALD RAY PENNEY, ("Plaintiff'), by and through 

undersigned counsel, and pursuant to nile 1.040, Florida Rules of Civil Procedure, files this Civil 

Action against the Defendant, MONITRONICS INTERNATIONAL, I.NC, (hereinafter referred to 

as "Defendant"). This action is filed under the Florida Civil Rights Act, §760.01, et seq., with 

respect to di.sability discrimination.and retaliation: Plaintiff states as follows: 

JURISDICTION AND VENUE 

1. This action seeks damages as a result of disability discrimination and retaliation against on 

Plaintiff's in violation of the Florida Civil Rights Act, §760.01, et seq., Florida Statutes 

(hereinafter the "FCRA"). 

2. The jurisdiction of the Court over this controversy is based upon the FCRA. 

3. Plaintiff is a covered employee for purposes of the FCRA. 

4. Defendant is authorized to conduct business in Marion-Dade County, Florida, where 

Plaintiff worked for Defendant. 

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EXHIBIT "A"

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5. Venue is proper in Marion-Dade County because all of the actions that form the basis of 

this Complaint occurred within Marion-Dade County, the discriminatory acts took place in 

Marion-Dade County, and damages exceed $30,000.00 

E. 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. 

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 

7. Plaintiff was initially hired by, and began working for Defendant on or about June 27, 

2011, as a Technician. 

8. On or about August 9, 2021, plaintiff had a meeting with Human Resources Deparhnent 

for the Defendant regarding an incident with a client and his Supervisor John Flak. The 

incident was regarding days off that plaintiff took because the Plaintiff has skin ca.ncer. 

9. Plaintiff is a disabled individual under the FCRA because he suffers from cancer. Plaintiff's 

disability, Cancer, affects Plaintiff s major life activities, including but not limited to 

walking, working, breathing, etc. 

10. Plaintiff required accommodations at work and was not provided any accommodations, 

but instead Defendant disregarded Plaintiff's requests. 

11.Plaintiff has further requested days off for his surgery and was terminated the same day, 

August 9, 2021, by his supervisor, Mr. Flak. The Plaintiff is at all relevant and material 

times an employee that excelled. 

12.Defendant terminated Plaintiff as a result of his disability and in retaliation for opposing 

and objecting to Plaintiff's protected activities, complaining of Defendant's behavior 

toward Plaintiff as a result of Plaintiff's Cancer diagnosis and request for leave to have 

Plaintiff s surgery. 

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13.Plaintiff notified his employer of his skin cancer; Plaintiff had surgery on the 27th of 

August of 2021. Plaintiff requested days off with a doctor's note. 

14.All reasons proffered by Defendant for Plaintiff's termination are mere pretext of 

Defendant's discriminatory and retaliatory actions against Plaintiff, premised on Plaintiff s 

disability. 

COUNTI 

DISABILITYDISCItIMINATIONIN VIOLATION OF THE FCItA 

15.Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-14 above as 

if set out in full herein. 

16.Plaintiff is a member of a protected class under the FCRA, as a result of Plaintiff's 

disability. 

17: By the Eonduot desoribo above; Defendant. has engaged in diserimination ags.i_nst Plaintiff 

because of Plaintiff's disability and subjected the PlaintifPto disability -based animosity. 

18.Such discrimination was based upon the Plaintiff's disability or perceived disability. 

19.Defendant's conduct complained of herein was willful and in disregard of Plaintiff's 

protected rights. Defendant and its supervisory persor.nel were aware that discrimination 

on the basis of Plaintiff's Race unlawful but acted in recldess disregard of the law. 

20. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of PlaintifPs 

employment with the Defendant. 

21. Defendant retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory 

actions. 

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EXHIBIT "A"

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22. 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. 

2?. 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 state and/or federal law. 

24. The actions of the Defendant and/or its agents `vere willful, wanton, and intentional, and 

with malice or reckless indifference to the Plaintiff's statutorily protected rights, thus 

entitling Plaintiff to damages in the form of compensatory and punitive damages pursuant 

to state and/or federal law, to punish the Defendant for its actions and to deter it, and others, 

from such action in the future. 

25. 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. 

NMEREFO?3E, Plaintiff respectfully prays for the following relief against Defendant: 

A. Adjudge and decree that Defendant has violated the FCRA, a.nd has done so 

willfully, intentionally, and with reckless disregard for Plaintiff's rights; 

B. Enter a judgment requiring that Defendant pay Plaintiff appropriate back pay, 

benefits' adjustment, and prejudgment interest at amounts to be proved at trial for the 

unlawful employment practices described herein; 

C. Enter an award against Defendant and award Plaintiff compensatory damages for 

mental anguish, personal suffering, and loss of enjoyment of life; 

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D. Require Defendant to reinstate Plaintiff to the position at the rate of pay and with 

the full benefits Plaintiff would have had Plaintiff not been discriminated against by 

Defendant, or in lieu of reinstatement, award front pay; 

E. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees 

and; 

F. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances. 

C®UNT H 

RE TALIA TION IN VIOLATION OF THE FCRA 

26. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 14 

of this Complaint as if set out in full herein. 

27: Defendant is ar_ employer as that term is used under the applicable statutes referenced 

above. 

28. The foregoing allegations establish a cause of action for unlawful retaliation after Plaintiff 

reported unlawful employment practices adversely affecting Plaintiff under the FCRA. 

29. The.foregoing unlawful actions by Defendant were purposeful. 

30.Plaintiff voiced opposition to unlawful employment practices during employment with 

Defendant and was the victim of retaliation thereafter, as related in part above. 

31.Plaintiff is a member of a protected class because Plaintiff reported unlawful employment 

practices and was the victim of retaliation thereafter. There is a causal connection between 

the reporting of the unlawfixl employment practices and the adverse employment action 

taken thereafter. 

32.As a direct and proximate result of the foregoing unlawful acts and omissions, Plaintiff has 

suffered mental anguish, emotional distress, expense, loss of benefits, embarrassment, 

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EXHIBIT "A"

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humiliation, damage to reputation, illness, lost wages, loss of capacity for the enjoyment 

of life, and other tangible and intangible damages. 

33. These damages are continuing and are permanent. 

WHERIF≥F'ORE, the Plaintiff respectfully requests that this Honorable Court enter 

judgment against the Defendant; find that the Defendant indeed violated the FRCA and in 

addition, order the following additional relief 

A. Declare that the acts complained of herein are in violation of the Florida Civil Rights 

Act; 

B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment and 

humiliation; 

C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors, 

assigns, and all persons in active concert or participation with it, from engaging in any 

employment practice which discriminates; 

D. Reinstate PLAINTIFF to the same position he held before the retaliatory personnel 

action, or to an equivalent position; 

E. Reinstate full fringe benefits and seniority rights to PLAINTIFF; 

F. Order DEFENDANT to malce PLAINTIFF whole, by compensating PLAINTIFF for 

lost wages, benefits, including front pay, back pay with prejudgment interest; 

For a money judgment representing prejudgment interest; 

JURY I2EW.ND 

Plaintiff demands trial by jury of all issues triable as of right by jury. 

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EXHIBIT "A"

Case 1:22-cv-24256-FAM Document 1-1 Entered on FLSD Docket 12/30/2022 Page 6 of 7
Dated: October 17, 2022 Respectfully submitted, 

/s/ JoNjze Costa 

Anthony M. Georges-Pierre, Esq. 

Florida Bar No. 533637 

agp@rgpattorneys. com

Max L. Horowitz, Esq. 

Florida Ba.r No. 118269 

mhorowitz(a~Lgpattorne y s.coin 

Jorge L. Costa, Esq. 

Florida Bar No. 1031513 

Jeosta@rgpattomeys.com

REMER, GEORGES-PIERRE & 

ROOGE R ::'OER, PLLC 

2745 Ponce De Leon Boulevard 

(;gral Fac?l'~da ~5134 

Telephone: (305) 416-5000 

Facsimile: (305) 416-5005 

Counsel foY Plaintiff 

EXHIBIT "A"

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