I.JNITED STATES DISTRICT COURT

F'OR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

EDDIE L. NABORS.

Plaintiff,

V .

THE GEO GROUP, INC., A

Florida Corporation,

CASE NO.

KENNETH W. DAVIS, an COMPLAINT OF FEDERAL CIVIL

individual, RIGHTS VIOLATIONS BROUGHT

PURSUANT TO 42 U.S.C. I983 AND

JASON R. TYUS. an 1988

ind ividual,

JEFF SNELL, JACKSON COUNTY,

F'LORIDA DEPUTY SHERIFF

in his individual capacity,

JLJRY TRIAL DEMANDED

and

JOHN P. McDANIEL FORMER

JACKSON COUNTY, F'LORIDA

SHERIFF, in his individual capacity.

Defendants.

Introduction

l. This is an action for money damages brought pursuantto 42 LJ.S.C. 1983

and 1988, and the Fourth and Fourteenth Amendment to the United States

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 1 of 20
Constitution.

2. It is alleged that the individual defendants Kenneth W. Davis,, Jason R.

Tyus,,and unknown prison manager employees of The Geo Group, Inc.-the latter

entity being a private prison company contracting with the Florida Department of

Corrections and operating a prison in Jackson County, Florida-- and Deputy Sheriff

Jeff Snell of the Jackson County Sheriffl s Office all made,, or caused to be made, an

unreasonable seizure and search of Plaintiff s person violating his rights otherwise

protected by the Fourth and Fourteenth Amendment to the U.S. Constitution.

3. The GEO Group, Inc. violated Plaintiffs rights otherwise protected by the

Fourth and Fourteenth Amendment by ( I ) being deliberately indifferento Plaintiffl s

federal constitutional rights by providing inadequatemployee training to Kenneth

W. Davis and Jason R. Tyus , (2) in acquiescing to, and ratifliing, the unconstitutional conduct of its employees Kenneth W. Davis and Jason R. Tyus in this matter,

and (3) bV unknown other managers of The Geo Group,, Inc. participating in the

decisionmaking to seize and search Plaintiff Nabor's person inside the prison and

then call the Sheriff s office and turn Nabor's custody over to Deputy Sheriff Jeff

Snell and Sheriff John P. McDaniel..

4. Deputy Sheriff Jeff Snell violated Plaintiffls Fourth and fourteenth

Amendment protected rights when he seized and searched Plaintiffl s person and

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 2 of 20
personal effects without a waffant and without having any probable cause.

4.1 Former Jackson County, Florida, Sheriff Joseph P. McDaniel violated

Plaintiff s Fourth And Fourteenth Amendment protected rights when he

intentionally, or in the alternative recklessly, failed to provide to the assistant state

attorney prosecuting Plaintiff Eddie L. Nabors, or to Nabors, information and

evidence highly material and exculpatory which would have resulted in Nabors

being free of criminal charges and free of State custody approximate one month

after his initial arrest by the Deputy Sheriff Jeff Snell instead of ten months after his

initial arrest which is when Plaintiff was in fact released from the State's and the

Sheriff s custodv.

5. The wrongdoing described in this complaint injured Plaintiff as follows:

( I ) loss of his chosen employment and advancement tohigh levels of management in

his chosen employment,, which is permanent;

(2) loss of employment and advancement to higher levels of employment even out of

his chosen field of employment;

(3) loss of reputation that is permanent;

(3) loss of income and employment benefits that is permanent;

(4) loss of enjoyment of life to the level it was prior to his wrongful seizure and

arrest which is permanent;

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 3 of 20
(5) suffering severe mental anguish (including, but not limited to, feeling shame

which is not deserved but felt anyway) which is permanent;

(6) loss of sense of security which is permanent;

(7) attorney fees ($3,500) and other costs of his criminal defense in the matter

of his wrongful arrest;

(8) loss of freedom for ten months Plaintiff was in custodv of Geo and then the State

of Florida;

(9) and other general damages.

Jurisdiction and Venue

6. Jurisdiction isbased upon 28 U.S.C. l33l and 1 343(aX3).

7 . The events took place in Jackson County,, Florida at the privately

operated Graceville area prison in Jackson County, Florida pursuant to a with the

Florida State Department of Corrections which put The Geo Group, Inc. in the

charge of State of Florida prisoners.

Parties

8 . Plaintiff Eddie L. Nabors is an individual who. at all times relevant to this

complaint, resided in Marianna, Florida in Jackson County, Florida.

9. Defendant The GEO Group,, Inc. is a Florida Corporation whose current

principal address is 621 NW 53"r Street, #700, Boca Raton, FL 33481 .

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 4 of 20
10. The whereabouts of Defendants Kenneth W. Davis and Jason R. Tvus. is

at present unknown but believed to be in Florida.

I l. At the time of the events described in this complaint Kenneth W. Davis

and Jason R. TyuS were employees of The GEO Group, Inc. working within the

course and scope of their said employment at its Graceville prison facility and in

that facility's chain of command as Captain and Lieutenant respectively.

12. Jackson County Deputy Sheriff Jeff Snell at all times relevant to this

complaint was the Jackson County Florida Deputy Sheriff.

13. Former Jackson County, Florida Sheriff .lohn P. McDaniel's whereabouts

at the present time are undisclosed but are believed to be in Jackson County,

Florida.

14. All defendants were at all times relevant to this complaint acting under

color of Florida law.

14.1. Plaintiffis entitled to a reasonable attorney fee and costs pursuantto 42

u.s.c. 1e88.

Other Facts

15. On I November 2007, Plaintiff entered the private prison of The GEO

Group, Inc. in Graceville, Florida at about 7:30AM to begin his day's work as a

classification officer.

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16. Plaintiff was moving forward in the line employees at the employee

entrance to the prison with other workers all of whom were required to, and did,

pass by a GEO officer who was operating an ION SCAN device which consisted of

a computer-like-looking electronic box with a wand attachment.

17. The ION SCAN machine was a newly installed and newly used device

at the prison.

18. One of the purposes of the machine was to test some' but not all, of the

employees entering the prison for the presence of illegal drugs and substances that

were contraband at the prison.

19. A test consisted of the ION SCAN operator placing the wand on, and

moving the wand around, the body of the person being tested' and this is how

Plaintiff was tested on I November 2007 on his wav into work.

20. As Nabors made his entrance in line with others entering work that day,

the operator of the ION SCAN machine pointed to Plaintiff and asked Captain

Davis, who was standing near the testing machine, "should I test him?" and Captain

Davis stated, "Yes."

2l . Only those persons so selected, as described above, were tested, if in fact

anybody else was tested that day.

22. There was no reasonable suspicion to believe that Plaintiff had

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 6 of 20
committed a crime or was about to commit a crime,, and there was no probable

cause to believe that Plaintiff had committed a crime ( I ) at the time he was selected

from the entrance line on I November 2007 to be tested nor (2) at any other time

that is relevant to this complaint.

23. Plaintiff was not picked at random from the employee entrance line to be

tested.

24. After the ION SCAN operator went over Nabors' person with the testing

wand, Captain Davis said that they, Captain Davis and Lieutenant Tyus, had to

search him and ordered him to accompany them into the men's bathroom, which

Nabors did do.

25. At this point, Davis and Tyus had taken Nabors into their custody where

he remained until Davis and Tyus gave custody of Nabors to Jackson County,

Florida Deputy Sheriff Jeff Snell who had been called to the prison by either Davis,

Tyus or some other GEO Group,, Inc. Manager employee.

26. While in Davis', Tyus',, and Geo's custody in the men's bathroom, Davis

directed Nabors to empty his pockets and take his shoes and pants belt off and pull

his shirt out of his pants,, which Plaintiff did.

27. Davis put his hands under Plaintiffls shirt and Davis used his hands to

feel around Nabors' bare waist area.

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28. At the same time,, Tyus was searching Plaintiff s shoes and the personal

effects that Plaintiff had taken out of his pockets and placed on the bathroom

counter.

29. No illegal drugs or contraband was found during the bathroom search of

Plaintiff s person.

30. Next, Davis and Tyus took Plaintiff out to his car in the parking lot in the

prison employee parking lot, and they searched Plaintiff s car without his knowing

and voluntary consent (emphasis placed here on the word "voluntary").

31. No one found any illegal drugs in Plaintiff s car.

32. Davis and Tyusin reckless disregard of Plaintiff s federal consitutional

rights falsely claimed and reported to the public that they found cocaine in Plaintiffl s

Qar.

33. Plaintiff was taken back into the prison where he was ordered to sit on a

chair in a hallway for several hours, which he did, and where Plaintiff s fellow

employeesaw him in custody of his employer The GEO Group, Inc, Davis, and

Tyus; he was not free to leave but under affest by The Geo Group, Davis, and Tyus.

34. After a couple of hours of sitting, Plaintiff saw Jackson County Deputy

Sheriff Jeff Snell,, accompanied by a drug sniffing dog,,pass him in the prison

hallway,, where Plaintiff was ordered to stay, on his way to the administrative offices

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 8 of 20
of the prison; the dog did not alert to any thing as he and Snell passed Plaintiff in the

hallway.

35. Co-workers passed by Nabors many times as he sat in custody in the

hallway, and they asked him what he was doing there.

36. About ten minutes after Deputy Snell passed Nabors and went into the

main administrative office of the prison facility, Deputy Snell came back out and

told Nabors that he was under arrest for drugs, and he placed handcuffl s on him as

some of his fellow workers watched.

37 . At being handcuffed, Plaintiff got chocked up, could not think, was

scared, and wanted to cry but could not.

38. Deputy Snell took Plaintiff into his custody and to jail, and did so at the

direction of GEO manasement.

39. Plaintiff was in jail over night,, and then let out on his own recognizance

the next dav.

40. Plaintiffls arrest for cocaine possession was reported in the newspaper

next to his photograph,, and on TV.

41 . As a result of the above, Plaintiff suffered the injuries described in

paragraph 5 above.

42. Plaintiff had to hire a criminal defense attornev to defend him from the

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 9 of 20
false charges.

43. Plaintiff remained out on bail, paying a fee each month to the State, until

approximately l2 September 2008 when Assistant State Attorney Henry M. Sims

dismissed his case against Plaintiff upon his receiving from someone, unknown to

the Plaintiff, an FDLE letter addressed to, . J and received by, Sheriff John P.

McDaniel on or about 17 December 2007 statins I

that the substance tested. and

regarding the alleged I November 2007 drug offense,, was not an illegal drug.

44. The above mentioned material exculpatory letter or lab report from the

FDLE to Sheriff McDaniel was received by the Sheriff on approximately 1 7

December 2007.

45. In not providing to the assistant state attorney or to the Plaintiff the

highly material and exculpatory lab report, the Sheriff acted intentionally to deny

Plaintiff his Fourth and Fourteenth Amendment protected right to (a) be free of

unreasonable seizure and search and (b) his liberty save due process of law, or else

acted in reckless disregard of these rights, when Sheriff McDaniel did not provide

to the State Prosecutor and to Plaintiff the FDLE report which reported to the

Sheriff on I 7 December 2007 that the alleged cocaine removed from Plaintiff s car

in the prison parking lot was not cocaine as Plaintiff declared to Officer Snell on the

date of Plaintiff s arrest and as declared by Plaintiff to the prosecuting attorney

l0

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 10 of 20
manv times thereafter.

46. As of the date the Sheriff received the letter of Pliantiffl s exoneration

from the FDLE, the Sheriff knew, or should have known, that he never had probable

cause to detain Plaintiff, vet he intentionallv or with deliberate indifference. or in

reckless disregard of Plaintiffs Fourth and Fourteenth Amendment protected right to

liberty save due process of law,, continued the detention of Plaintiff long afterwards

thereby unconstitutionally causing Plaintiff to remain in the custody of the State of

Florida for approximately nine hold-over months in violation of Plaintiff s Fourth

and Fourteenth Amendment protected right to be free of custody save due process of

law.

47 . The unconstitutional search and seizure by Deputy Sheriff .leff Snell

was a foreseeable consequence of the wrongful search and seizure caused by ( I )

The Geo Group, Inc's inadequate training of its employees, including but not limited

to.' defendants Davis and Tyus, (3) acquiesence ofThe Geo Group,, Inc. in Plaintiffls

original arrest by Geo emplouyees, subsequent arrest by deputy Jeff Snell's, and

then in the State's and Sheriffls hold-over of Plaintiffls custody, and (3) the

Plaintiff s wrongful search and seizure by defendants Davis and Tyus and other Geo

managers.

48. So too foreseeable at the time of the above described Geo Groups, Inc.'s

l l

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 11 of 20
and Davis'and Tyus'violation of Plaintiffls Fourth and Fourteenth Amendment

rights, as above described, was Plaintiffl s subsequent unconstitutional violation of

those same rights by Sheriff John P. McDaniel who failed timely to provide

Assistant State Attorney Sims or Plaintiff with the material exculpatory letter from

the FDLE.

COUNT I-THE GEO GROUP. INC

In this count Plaintiff Eddie L. Nabors sues The GEO Group, Inc.

49. This count incorporates paragtaphs I -48 restated herein by reference.

50. The GEO Group, Inc. violated Nabors' Fourth and Fourteenth

Amendment protected right to be free of unreasonable search and seizure by

intentionally, or in the alternative,, recklessly, not providing its employees, including

Davis and Tyus, with adequate training in the use of the ION SCAN testing device

and in other proper procedures for seizing and searching its employees' persons and

effects so that the testing and other procedures would not violate its employees, and

Nabors', Foutth and Fourteenth Amendment right to be free of unreasonable

searches and seizure by persons under color of law.

5l . The Geo Group,, Inc. violated Nabors' Fourth and Fourteenth

Amendment protected right to be free of unreasonable seizure and search by

acquiescing in Nabors' unreasonable search and seizure by its employees and by

t2

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 12 of 20
unreasonably causing Deputy Sheriff Jeff Snell to seize Nabors and to search his

person, personal effects,, automobile,, and automobile contents all without voluntary

consent.

52. The Geo Group, Inc. violated Nabors' Fourth and Fourteenth

Amendment protected right to be free of unreasonable search and seizure by having a

company policy or custom of searching and seizing its employees', including

Nabors ,, persons and personal effects which when executed by employees, including

Davis and Tyus in this case, results and resulted in a violation of Nabors' Fourth and

Fourteenth Amendment protected right to be free of unreasonable search and seizure.

53. Reasonable foreseeable at the time of Plaintiffls Fourth and Fourteenth

Amendment protected right was the further violation of these rights by .lackson

County Sheriff John P. McDaniel and his Deputy.leff Snell, as described above and

in Counts below.

54. As a result of the violations in this count, Plaintiff suffered the injuries

listed in par. 5 above.

55. The Geo Group Inc.'s conduct described above was in reckless disregard

of, or callous indifference to, Plaintiffl s Fourth and Fourteenth Amendment protected

rights.

WHEREFORE,, Plaintiff demands judgment in his favor and against the GEO

l3

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 13 of 20
group for damages listed in par. 5 above and for punitive damages,, attorneys fees

and court costs,, in amounts that are just and fair in the circumstances, all to be

determined by the court.

COUNT II-DAVIS AND TYUS

In this count Plaintiff Eddie L. Nabors sues Kenneth W. Davis and Jason R.

Tyus.

56. This count incorporates paragtaphs l-48 restated herein by reference.

5l . Kenneth Davis intentionally, or in the alternative recklesslv" denied

Plaintiff his Fourth and Fourteenth Amendment risht to be free of unreasonable

seizure and search of his person and personal effects without a waffant and save due

process of law when Davis, all as described above, intentionally, or in the alternative

recklessly, picked Nabors out of the incoming line of daily workers coming in to The

GEO Group, Inc. prison in Jackson,, County, Florida and caused his person to be

seized and his person and personal effects to be searched without having probable

cause to do so.

58. .lason R. Tyus, intentionally,, orin the alternative in reckless disregard of

Nabors' Fourth and Fourteenth Amendment rights to be free of unreasonable seizure

and search, denied Nabors such rights when Tyus assisted Davis by participating and

assisting Davis in the seizure and search of Nabors' person and personal effects as

t4

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 14 of 20
described above.

59. Davis' and Tyus' conduct described above was in reckless disreeard of"

or callous indifference to, Plaintiffl s Fourth and Fourteenth Amendment protected

rights.

60. Davis' and Tyus' conduct causes them to be jointly liable because the

damages caused by each cannot reasonably be separated from the other.

WHEREFORE, Plaintiff demands judgment in his favor and against Davis and

Tyus jointly for damages listed in par. 5 above, punitive damages,reasonable

attorneys fees and coutt costs, in an amounthat is just and fair in the circumstances,

all in amounts to be determined bv the court.

COUNT III-JACKSON COTJNTY DEPUTY SHERIFF

JEFF SNELL

In this count Plaintiff Eddie L. Nabors sues Jackson County Deputy Sheriff

Jeff Snell.

6l . This count incorporates paragraphs 1-48 restated herein, and in the

sentences of the Count below against Sheriff John P. McDaniel, by reference.

62. Defendant Jeff Snell, an individual person, intentionally, or in the

alternative recklessly,, unreasonably seized and searched Plaintiff Eddie L. Nabors

and his personal effects, as described above, without a warrant and without any

r5

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 15 of 20
probable cause to believe that he had committed a crime or was committing a crime;

and thus, he violated Plaintiffs Fourth and Fourteenth Amendment protected right to

be free of unreasonable seizure and search save due process of law.

63. It was reasonably foreseeable that Snell's above described violation of

Plaintiff s Fourth and Fourteenth Amendment rights would result in the subsequent

violating of Plaintiffls Fourth and Fourteenth Amendment rights, as described above

an in counts below. bv Sheriff John P. McDaniel.

64. Deputy Jeff Snell's conduct described above was in reckless disregard

of, or callous indifference to, Plaintiff s Fourth and Fourteenth Amendment protected

rights.

WHEREFORE,, Plaintiff demands judgment in his favor and against Jeff Snell,,

Deputy Sheriff to John P. McDaniel,, for damages listed in par. 5 above, punitive

damages, reasonable attorneys fees and court costs, in amounts that are j ust and fair

in the circumstances, all in amounts to be determined bv the court.

COUNT IV-FORMER JACKSON COTJNTY SHERIFF

JOHN P. MCDANIEL

In this count Plaintiff Eddie L. Nabors sues former Jackson County Sheriff

John P. McDaniel:

65 This count incorporates paragraphs I -48 restated herein by reference.

l6

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 16 of 20
66. Former Sheriff John P. McDaniel intentionally, or in the alternative

recklessly, or in the alternative with deliberate indifference to the reasonable search

and seizure rights of Plaintiff protected by the Fourth and Fourteenth Amendment to

the U.S. Constitution,, received highly exculpatory evidence--in the form of a Florida

Department of Law Enforcement letter or lab report reporting that the substance from

Plaintiffls car in the prison parking lot alleged to be cocaine was not cocaine nor any

other illegal substance (see report at Exhibit A to this complaint) and did not turn it

over to the state prosecutor or to Nabors until nine months after the Sheriff received

the report.

66.1 There was no reason for the Sheriff to believe that the prosecutor had

received a copy of the exculpatory letter or lab report at the same time the Sheriff

received it.

67 . Soon after receiving the report nine months after he should have received

the reporl., the prosecutor dropped the case against Plaintiff, and Plaintiffl s custody

by the State of Florida then was terminated.

68. The Sheriff s not turning over the highly material exculpatory evidence to

the prosecutor until approximately nine months after he received it, which was

approximately ten months after Plaintiffls arrest, continued to cause Plaintiff to

suffer unreasonable seizure in violation of his Fourth and Fourteenth Amendment

t7

Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 17 of 20
protected right to be free of unreasonable seizure and search.

69. The failure to turn over the highly material exculpatory evidence also

caused Plaintiff to suffer continuing injuries which are those listed in par. 5 above.

10. The failure to give the assistant state attorney prosecuting Plaintiff or to

the Plaintiff the material exculpatory FDLE letter or lave report was a reckless

disregard of, or callous indifference to, Plaintiffs constitutionally protected right to

liberty save due process of law.

WHEREFORE,, Plaintiff demands judgment in his favor and against Sheriff

.lohn P. McDaniel, for damages listed in par. 5 above, punitive damages, reasonable

attorneys fees and court costs, in amounts that are just and fair in the circumstance,

all amounts to be determined bv the court.

JURY TRIAL DEMANDED ON ALL ISSUES AND MATTERS.

Respectfully submitted by

/s/ Bruce Committe

Bruce Committe,, Fla Bar 797 502

401 N. l4'r' Avenue

Pensacola, FL 32501

PH 8 50 206 3156

B rucecommitte(a hotma il . com

Attorney for Plaintiff Eddie L. Nabors

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Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 18 of 20
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Commisslonor

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Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 19 of 20
IN -THE CIRCUIT COURT OF I HE FOTJRTEENTFI JUDICIAL CIRCUI_I

OF THE STATE OF FLORIDA. IN AND FOR JACKSON COUNTY

STATE OF FLORIDA

VS.

EDDIE L. NABORS,

Defcndant.

CASE NO : o7-o925ct

l) POSSESS|ON Of

CONTROLLED SUBSTANCE

tl) INTRODUCT|ON OF

CONTRABAND |NTO STATE

CORRECTIONAL INSTITUTION

I{O_LLL F ROSEQUI

I l-iE STA f F OF f L ORIDn by arrrl tl'unt rrtlr lhr: ttnrlr:rt,i!ln(l(l A.:;srsl;rrit S-11;11r, A,ltc,rrnr_.v,

Irlrt.lry.ittllrr)r,ulces ;r lrlulfl Prosr:ritri in tlr.r irl)o\,r) (:iir.,) ior lltg lcllorvinr ,t tt.it:;orr{::.}

lltc CvtrJr:nt;c lhat lvas sei.zctJ in tlri... r:;r:rc wi)s not Drtrrls, lrsrJcf irrtrJ lryiltr:

[-lc:trrl;l Statlt!c:s Thctt:for:. thr:rc i:-: in:;r.rlftr:;t::r'rt i:\,irfc-'lrr]r: to;rrovt: llris citsi,r "

l;cyr,'r rrl ;r rcl rsor'rablr; doLrtti

THERtTFORE. the State Attorney's Offir;e ilnrloLrnces i-i NOLLE PROSEOuI in this

celse_

r) /t Tlris _ 

,/: / )___ day of Septerrnber, ZOOB.

STATE OF- FLORIDA

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M. Sinrs, FL BAR

(Assfstant Slate Attornev

#000789 1 _ l

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PO BOX 956 (-)

Marianna, FL 32447

(850) 482-95s5

(800 ) 344-7 532

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CI.ERK CTRCUIT COUffI

Oepury Cter k

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Case 5:10-cv-00251-RS -EMT Document 1 Filed 09/21/10 Page 20 of 20