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Doctor Mark Hash, Lawsuit FDLE

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Doctor Mark Hash, Lawsuit FDLE Powered By Docstoc
					IN THE CIRCUIT COURT OF THE 2nd
JUDICIAL CIRCUIT, IN AND FOR
LEON COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

DR. MARK HASH,

        Plaintiff,

vs.                                                           CASE NO.:

FLORIDA DEPARTMENT OF
LAW ENFORCEMENT, a government agency,

        Defendant,

_______________________________________/

                                           COMPLAINT

      The Plaintiff DR. MARK HASH, hereby sues the Defendant, FLORIDA DEPARTMENT
OF LAW ENFORCEMENT, a government agency, (herein after “THE FDLE ”) and as grounds
states the following:
        1.      This is an action for damages in excess of Fifteen Thousand ($15,000.00) Dollars and

                therefore within jurisdiction of Circuit Court.

        2.      At all time material hereto the Plaintiff   DR. MARK HASH was suri juris and

                a resident and of Leon County, Florida.

        3.      At all time material hereto the Defendant THE FDLE        was a government agency

                of the State of Florida operating as a law enforcement agency.

        4.      All conditions precedent to the filing of this action occurred or were waived by the

                Defendant, including filing notices Pursuant to Florida Statute §768.28, See attached

                Exhibit “A”.



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      COUNT I - FALSE ARREST, IMPRISONMENT AND DETENTION

       AGAINST FLORIDA DEPARTMENT OF LAW ENFORCEMENT

The Plaintiff re-alleges and re-avers paragraphs 1 through 4 as if set forth more fully herein.

5.      On or about November 2009, the Plaintiff, DR. MARK HASH, was lawfully

        licensed as a physician and practicing medicine within the State of Florida and Leon

        County.

6.      On or around November 2, 2012, the Defendant, THE FDLE through its employees,

        police officers, specifically Agent Sears, during and in the course and scope of their

        employment did effect the arrest, imprisonment and/or detention of the Plaintiff, DR.

        MARK HASH, without probable cause.

7.      The “allegation” for the arrest, imprisonment and/or detention of the Plaintiff was

        that he “knowingly assisting another person to receive a controlled substance by

        fraud, violation of §593.13 (8) (a)(1), F.S., 2007" and the charges were unsupported

        by the evidence.

8.      At the time of the arrest, imprisonment and/or detention of the Plaintiff, DR. MARK

        HASH, the Defendant, THE FDLE lacked probable cause to arrest the Plaintiff.

9.      Under respondiat superior, the Defendant is responsible for its officer(s) acting in

        the course and scope of their employment.

10.     At all times material hereto, the Defendant, THE FDLE had no authority to allow

        its officers to false arrest or detain the Plaintiff, or effect the arrest without probable

        cause.

11.     As a direct and proximate result of the conduct of Defendants’ employees, the

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               Plaintiff suffered damages including deprivation of his rights, humiliation, mental

               anguish, loss of the enjoyment of life and loss of income. The losses are either in

               the past, permanent or continuing. The Plaintiff will continue to suffer damages in

               the future.

       WHEREFORE, the Plaintiff, DR. MARK HASH, demands judgment against the

Defendant, FLORIDA DEPARTMENT OF LAW ENFORCEMENT, pecuniary and non-

pecuniary damages, compensatory damages, special damages, prejudgment interest, and any other

relief this Court deems just and proper, and the Plaintiff demands a trial by jury.

                                      Respectfully submitted this ____ of May, 2012.

                                      LAW OFFICES OF RICHARD J. CALDWELL, P.A.
                                      Attorneys for Plaintiff
                                      255 Alhambra Circle
                                      Suite #630
                                      Coral Gables FL 3314
                                      Telephone (305) 529-1040
                                      Facsimile (305) 445-9820


                                      By:_________________________________
                                              Richard J. Caldwell
                                              Florida Bar No. 825654




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