Plaintiff v. Guglietta, Syrkus, Price (Defamation, slander)

Conspiracy to defame, and defamation case against David Sykus, Donnie Price, W.D. Higginbothem, Guglietta

Complex litigation case against former chief of police, David Syrkus, W.D. Higginbothem, Commissioner Paul S. Guglietta, Doonie Price who allegedly committed defamation and conspiracy to defame against Dean Darling. See also sister case against the town of melbourne beach for negligent supervision.


IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY
FLORIDA


DEAN DARLING

Plaintiff,

v. Case No.: 05-2008-CA-12724


W.D. HIGGINBOTHEM,
DONNIE PRICE,
PAUL S. GUGLIETTA, and
DAVID SYRKUS,

Defendants.

_________________________/

SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
JURISDICTION AND VENUE
Plaintiff, DEAN DARLING, by and through his undersigned counsel, sues Defendants W.D. HIGGINBOTHEM, DONNIE PRICE, PAUL S. GUGLIATTA and DAVID SYRKUS, in their individual capacities. Collectively, said defendants will be addressed as DEFENDANTS.
1. This is an action for damages that exceed $15,000.00, exclusive of costs, interest, and attorney’s fees.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.


PARTIES
3. Plaintiff resides in Brevard County, Florida, and has at all times material herein resided in Brevard County, Florida
4. Defendants, at all times material, through information and believe, resided in Brevard County, Florida.
5. Defendants, at all times material, were employees and/or agents of the Town of Melbourne Beach.
BACKGROUND
6. Between the first months of 2005 through the Present, Mr. DARLING attempted to secure a job with the Town of Melbourne Beach. Mr. DARLING was hired as a handyman for the Town of Melbourne Beach.
7. Mr. DARLING completed all prerequisites to work as a police officer, but was never hired as a police officer by the Town of Melbourne Beach.
8. Defendant, Mr. HIGGINBOTHEM terminated Mr. DARLING’S employment as a handyman for the Town of Melbourne Beach.
9. Defendant, DAVID SYRKUS impeded the hiring of Mr. DARLING due to Mr. DARLING’S “political affiliations.” At this time, Mr. SYRKUS was the police chief of the Town of Melbourne Beach.
10. Mr. DARLING, sua sponte, did a background check on Mr. SYRKUS which uncovered many fraudulent acts concerning Mr. SYRKUS’ employment and employment application, including the falsification of educational degrees.

11. Mr. DARLING brought Mr. SYRKUS’ improprieties to the town of Melbourne Beach, including Mr. HIGGINBOTHEM who was the town manager, Mr. PRICE who was a Town Commissioner, and Mr. GUGLIATTA who was another town commissioner.
12. Rather than address Mr. DARLING’S uncoverings, DEFENDANTS entered into a systematic approach to retaliate, defame, slander and conspire against Mr. DARLING.
COUNT I: Violation of F.S. 448.045
13. Plaintiff realleges paragraphs 1 through12 as if more fully set-forth herein.
14. In 2005-2006, DEFENDANTS conspired to prevent Mr. DARLING from securing employment with the Town of Melbourne Beach.
15. Additionally, Mr. HIGGINBOTHEM conspired with Mr. SYSRKUS to terminate Mr. DARLING’S employment as a handyman.
16. DEFENDANT’S acts were malicious, willful and outside the course and scope of their employment.
17. As a result of DEFENDANT’S acts, Mr. DARLING has suffered damages.
WHEREFORE, Plaintiff prays for judgment against DEFENDANTS, for all damages to which he may be entitled, including, but not limited to:
A. Judgment for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other tangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
COUNT II: DEFAMATION
18. Plaintiff realleges paragraphs 1 through12 as if more fully set-forth herein.
19. Defendant DAVID SYRKUS publicly slandered Plaintiff’s good name by falsely stating, inter alia:
a. Plaintiff did not get hired as a police officer because he failed a polygraph test.
b. Plaintiff is a mental patient.
c. Plaintiff failed a psychiatric test.
d. Plaintiff has domestic violence issues.
20. DEFENDANTS, as a group, also slandered Mr. DARLING at public hearings by claiming that he was hostile, aggressive, and unstable.
21. Additionally, when Mr. DARLING would publicly speak at the Town of Melbourne meetings, Mr. SYRKUS would approach Mr. DARLING, unlock his gun holster, and stand at a firing position, which communicated to the public that Mr. DARLING posed a threat to the public. Defendants HIGGINBOTHAM, PRICE and GUGLIATTA endorsed these actions.
22. DEFENDANTS made the false statements intentionally.
23. DEFENDANTS’ statements were ongoing until Mr. SYRKUS was required to resign his post due as chief of police. Mr. SYRKUS was forced to resign based on the fraudulent activities Mr. DARLING had uncovered.
24. The false statements harmed Mr. DARLING’s reputation in the community.
25. The aforementioned defamatory statements were made from July 2005 through May 2006.
26. As a direct and proximate result of the foregoing, Plaintiff, DEAN DARLING has sustained injury to reputation and health, and he has suffered shame, humiliation, mental anguish, and hurt feelings experienced in the past and to be experienced in the future. Moreover, said defamatory statements caused Mr. DARLING not to be able to be hired within the Town of Melbourne Beach and caused him severe difficulties in getting a job in Brevard County. Plaintiff is also entitled to nominal damages.
WHEREFORE, Plaintiff, DEAN DARLING sues the DEFENDANTS for damages in excess of the minimum jurisdictional limits of this court, plus costs and interest.
COUNT III: IIED CLAIM AGAINST DAVID SYRKUS
27. Plaintiff realleges paragraphs 1 through12 and 17 as if more fully set-forth herein.
28. Mr. DARLING was subjected to intentional infliction of emotional distress by former Chief of Police, DAVID SYRKUS.
29. The intentional infliction of emotional distress of Mr. DARLING consisted, inter alia of the following:
a. Falsifying a police report
b. Being subjected to the defamatory statements as aforestated in paragraph 17.
c. Forcing witnesses to lie against Mr. DARLING.
d. At public hearings, threatening Mr. DARLING with a gun.
e. Making false statements to the media which resulted in false publications concerning Mr. DARLING.
f. Conspiring against Mr. DARLING by preventing him from being a police officer in Brevard County.
g. Conspiring against Mr. DARLING in the termination of his employment with the Town of Melbourne Beach.
h. Conspiring against Mr. DARLING by preventing him from getting employment with the Town of Melbourne Beach.
30. As a direct and proximate result of the foregoing, Plaintiff, DEAN DARLING has sustained injury to reputation and health, and he has suffered shame, humiliation, mental anguish, and hurt feelings experienced in the past and to be experienced in the future. Moreover, said defamatory statements caused Mr. DARLING not to be able to be hired within the Town of Melbourne Beach and caused him severe difficulties in getting a job in Brevard County. Plaintiff is also entitled to nominal damages.
WHEREFORE, Plaintiff, DEAN DARLING sues the Defendant, DAVID SYRKUS for damages in excess of the minimum jurisdictional limits of this court, plus costs and interest.
COUNT IV: CIVIL CONSPIRACY / CONSPIRACY TO DEPRIVE RIGHT TO EARN A LIVELIHOOD AND TORTIOUS CONSPIRACY

31. Plaintiff realleges paragraphs 1 through12 as if more fully set-forth herein.
32. In 2005-2006, DEFENDANTS knowingly, willfully, wantonly, wickedly, maliciously and malevolently conspired, combined, confederated and agreed together to prevent Mr. DARLING from securing employment with the Town of Melbourne Beach.
33. In 2005-2006, DEFENDANTS knowingly, willfully, evilly, wantonly, wickedly, maliciously and malevolently conspired, combined, confederated and agreed together to prevent Mr. DARLING from securing employment as a police officer.
34. Additionally, Mr. HIGGINBOTHEM maliciously conspired with Mr. SYRKUS to terminate Mr. DARLING’S employment as a handyman.
35. DEFENDANT’S acts were malicious, willful and outside the course and scope of their employment.
36. DEFENDANTS, through coercion and intimidation, have prevented others from hiring Mr. DARLING.
37. DEFENDANTS’ force of numbers, ill-will and political stature and influence have prevented others from hiring Mr. Darling.
38. The conspiracy perpetuated against Mr. DARLING is done not to gain any financial or economic benefit to the DEFENDANTS, but rather, to precipitate and bring about Mr. DARLING’s financial ruin and unjustly deprive him of his livelihood.
39. DEFENDANTS’ motivation, in part, consisted of Mr. DARLING, around 2005, unveiling a government conspiracy which included criminal fraud by the Chief of Police of the Town of Melbourne Beach. Mr. DARLING’s unveiling of the fraud resulted in public humiliation against the Town of Melbourne Beach, including public humiliation by its Chief of Police and the Town’s Commissioners. In direct retaliation, DEFENDANTS acted with malice and other indignities pursuant to Paragraphs 1-20 above.
40. Until said conspiracy is fully terminated, Mr. DARLING is unable to secure employment as a police officer in Brevard County.
41. As a result of DEFENDANTS’ acts, Mr. DARLING has suffered damages.
WHEREFORE, Plaintiff prays for judgment against DEFENDANTS, for all damages to which he may be entitled, including, but not limited to:
A. Judgment for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other tangible injuries;
C. An award of reasonable attorney’s fees and all costs incurred herein; and
D. All other damages to which Plaintiff may be entitled.
COUNT V: CONSPIRACY TO DEFAME
42. Plaintiff realleges paragraphs 1 through12 and paragraphs 18 through 26 as if more fully set-forth herein.
43. Defendants conspired not to hire Plaintiff despite Plaintiff having the best application for employment with the town of Melbourne Beach as a police officer.
44. In furtherance of the conspiracy, Defendants defamed Plaintiff to many citizens and other town officials at town hall meetings.
45. The actions of the Defendants were done for the purposes of denying Plaintiff the benefits from employment as a police officer, which he was otherwise entitled to receive. Through this conspiracy to defame, Defendants caused the termination of Plaintiff’s employment as a handyman.
46. In 2005-2006, Defendants knowingly, willfully, wantonly, wickedly, maliciously and malevolently conspired, combined, confederated and agreed together to defame Plaintiff. Thus, Defendants caused Plaintiff to fail in securing employment with the town of Melbourne Beach.
47. In 2005-2006, Defendants knowingly, willfully, evilly, wantonly, wickedly, maliciously and malevolently conspired, combined, confederated and agreed together to defame Plaintiff. Thus, Defendants caused Plaintiff to fail in securing employment as a police officer.
48. The conspiracy perpetuated against Plaintiff by Defendants is done not to gain any financial or economic benefit to the Defendants, but rather, as an injurious falsehood to bring about Plaintiff’s financial ruin and unjustly deprive him of his livelihood.
49. Until conspiracy to defame is fully terminated, Plaintiff is unable to secure employment as a police officer in Brevard County.
50. As a direct and proximate result of the conspiracy to defame between the Defendants and the actions and statements made by the Defendants, in furtherance of the conspiracy, Plaintiff has suffered damages.
WHEREFORE, Plaintiff prays for judgment against Defendants, for all damages to which he may be entitled, including, but not limited to:
A. Judgment for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other tangible injuries;
C. An award of reasonable attorney’s fees and all costs incurred herein; and
D. All other damages to which Plaintiff may be entitled.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
Dated: this 21st day of January, 2009.

___________________________
Maurice Arcadier, Esquire


CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the foregoing was filed with the Clerk of the Court, and a true and correct copy was sent by U.S. Mail to Defendants’ attorneys: Douglas T. Noah, Esq./John T. Conner, Esq., Dean, Ringers, Morgan & Lawton, P.A., P.O. Box 2928, Orlando, Florida 32802-2928; and Jeffrey S. Weiss, Esq./Anthony A. Garganese, Esq., Brown, Garganese, Weiss & D’Agresta, P.A., P.O. Box 2873, Orlando, Florida 32803-2873 on this 21st day of January, 2009.


______________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Mauricio Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiff
2815 W. New Haven Ave., Suite 304
W. Melbourne, Florida 32904
Phone: (321) 953-5998
Fax: (321) 953-6075

Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout "the Space Coast", including Cocoa Beach, Palm Bay and Vero Beach.