UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

MICHAEL J. LOEBER,

Plaintiff,
vs. CASE NO.: 5:09cv402-RS/MD

DEPARTMENT OF CORRECTIONS,
STATE OF FLORIDA, LARRY
CAMPBELL, et al

Defendants.
/

COUNTER-CLAIM OF DEFENDANT SHERIFF

Defendant / Counter-Plaintiff, LARRY CAMPBELL, in his official capacity as Sheriff of
Leon County, Florida, by and through undersigned counsel, hereby counter-claims as to the Plaintiff,
and says:

1. This is an action for damages pursuant to Florida Statutes Section 960.291, et. seq. for
civil restitution and a civil restitution lien.

2. This claim arises from a common nucleus of operative facts as Plaintiff's claims set
forth in the complaint. As such, this Court possesses jurisdiction under its supplemental jurisdiction
pursuant to 28 U.S.C. § 1367.

3. Atall times pertinent to this claim, Plaintiff / Counter-Defendant was present in Leon
County, Florida, engaging in the actions alleged, which occurred in Leon County, Florida.

4, Counter-Plaintiff is the Sheriff of Leon County, Florida. As such, he qualifies as a
“local subdivision” of the State of Florida within the meaning of Section 960.297, Florida Statutes.

See, §960.291(6), Fla. Stat. (2000).



5. Plaintiff/Counter-Defendant was a pre-trial detainee or inmate in the Leon County Jail
and was ultimately sentenced to a term of imprisonment with the State of Florida, Department of
Corrections.

6. Plaintiff/Counter-Defendant is a “convicted offender” as that term is defined by
section 960.291(2), Fla. Stat.

7. Defendant/Counter-Plaintiff brings this counter-claim under Florida Statutes Sections
960.291. et. seq., including, but not limited to, Sections 960.293 and 960.297, Fla. Stat. The statute
provides that a convicted offender is liable to the State and its local subdivisions for damages and
losses as set forth in Sections 960.293 and 960.297, Florida Statutes.

(2) Upon conviction, a convicted offender is liable to the State
and its local subdivisions for damages and losses for incarceration
costs and other correctional costs.

(a) If the conviction is for a capital or life felony, the
convicted offender is liable for incarceration costs and other
correctional costs in the liquidated damage amount of $250,000.00.

(b) If the conviction is for an offense other than a capital or
life felony, a liquidated damage amount of $50.00 per day of the
convicted offender's sentence shall be assessed against the convicted
offender and in favor of the state or its local subdivisions.

8. Section 960.297(2) provides the State or its local subdivisions may bring a counter-
claim under §960.293 beginning July 1, 1994. For those offenders who were convicted before July
1, 1994, $50.00 per day in liquidated damages for incarceration costs may be had for the convicted
offender's sentence remaining after July 1, 1994.

9. In accordance with the cited statutes, Plaintiff/Counter-Defendant was lawfully

incarcerated in the Leon County Jail for 330 days as either a pre-trial detainee or as a convicted

person.


10.

Thus, Plaintiff/Counter-Defendant is liable to Defendant Sheriff for $50.00 per day for

each day of his incarceration pursuant to the above referenced statute.

WHEREFORE, Defendant/Counter-Plaintiff, Sheriff Larry Campbell, seeks an award of

damages and losses in the form of his civil restitution lien as calculated under §960.293(2).

Respectfully submitted this 16" day of August 2010.

(s/ KEITH C. TISCHLER
KEITH C. TISCHLER
Florida Bar No. 0334081
JOLLY & PETERSON, P.A.
Post Office Box 37400
Tallahassee, Florida 32315
Tel: (850) 422-0282

Fax: (850) 422-1913

Attorney for Defendant Sheriff

CERTIFICATE OF SERVICE

THEREBY CERTIFY that a true and correct copy of the foregoing was furnished to Susan

Adams Maher and Jonathan Patrick Sanford, The Capitol, PL-01, Tallahassee, Florida, 32399 &

Marie Mattox, 310 East Bradford Road, Tallahassee, Florida 32303 this 16" day of August 2010 by

CM/ECF Service.

(s/ KEITH C. TISCHLER
KEITH C. TISCHLER