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File #: 150385.    Version: 1 Name:
Type: Staff Recommendation Status: Passed
File created: 9/29/2015 In control: City Attorney
On agenda: 10/15/2015 Final action: 10/15/2015
Title: WILLIAM THOMAS VS. CITY OF GAINESVILLE, A MUNICIPAL CORPORATION FOR THE STATE OF FLORIDA, EDWARD CHARLES KERSEY, JOANN CATHCART, AND JOHNNY BROWN; EIGHTH JUDICIAL CIRCUIT, CASE NO. 2015-CA-2663 (B)
Sponsors: City Attorney
Attachments: 1. 150385_William Thomas _20151015.pdf

title

WILLIAM THOMAS VS. CITY OF GAINESVILLE, A MUNICIPAL CORPORATION FOR THE STATE OF FLORIDA, EDWARD CHARLES KERSEY, JOANN CATHCART, AND JOHNNY BROWN; EIGHTH JUDICIAL CIRCUIT, CASE NO. 2015-CA-2663 (B)

 

recommendation

The City Commission authorize the City Attorney to represent the City, Joann Cathcart and Johnny Brown in the case styled William Thomas vs. City of Gainesville, a Municipal Corporation for the State of Florida, Edward Charles Kersey, Joann Cathcart, and Johnny Brown; Eighth Judicial Circuit, Case No. 2015-CA-2663.

 

explanation

On September 24, 2015, Joann Cathcart and Johnny Brown were served with a Summons and Complaint filed by William Thomas.  The City has not yet been served but anticipates service of process at any time.  The Complaint attempts to state a cause of action for malicious prosecution against the City and three individuals who were employed by the City.  William Thomas is also a former employee of the City of Gainesville.  In 2012, Mr. Thomas' employment was terminated for misconduct, including theft of City property.  Mr. Thomas grieved the termination in accordance with the Collective Bargaining Agreement, and an independent Arbitrator upheld the disciplinary action.  Simultaneously, Mr. Thomas was investigated by GPD and prosecuted by the State Attorney's Office.  Ms. Cathcart, Mr. Brown, and others were witnesses in the criminal investigation and prosecution.  Ultimately, the State Attorney's Office determined that the administrative action of losing his employment was sufficient punishment, and declined to pursue criminal prosecution.  William Thomas claims to have suffered grievously, has been brought into public scandal, and great humiliation, mental suffering, and damage to reputation.  Mr. Thomas seeks money damages in excess of $15,000.00.

 

 




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