IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
EDDUARD PRINCE,
Plaintiff, CASE No.
CIVIL DIVISION
Vs.
FLORIDA EAST COAST RAILWAY LLC.,
ROBERT LEDOUX, JAMES HERTWIG,
RAUL GUERRA and LUIS FERNANDEZ
Defendants.
A
Thee
COMPLAINT a
Plaintiff, EDDUARD PRINCE sues Defendants FLORIDA EAST COAST RAILWAY
LLC, ROBERT LEDOUX, JAMES HERTWIG, RAUL GUERRA and LUIS
FERNANDEZ for False Arrest under Civil Rights Act of 1871, 42 USC 1983,
Responsibilities of Employing Agency under Florida Statute 943.133, Unlawful use of
Police badges or other indicia of authority under Florida Statute 843.085, Use of
Simulated Legal process under Florida Statute 843.0855, and Personal Injury under
Florida Statute 784.03 and alleges:
FACTS APPLICABLE TO ALL COUNTS
1. This is action for damages over $15,000.00 for False Arrest and Personal Injury.
2. On March 28, 2013 around 10:30 am the Plaintiff left his house on 1* Place and
17* St. to walk to work.
3. The Plaintiff started walking east on 17 St. and crossed over the railroad tracks
west of N. Miami Ave.
4, The Plaintiff proceeded to cross N. Miami Ave. and continued for another two
blocks east on 17" St.
5. At this moment two people driving two different trucks marked Police on the side
pulled their vehicles to the sidewalk to confront The Plaintiff.
6. Raul Guerra after exiting his vehicle pulled his gun out and pointed it to the
Plaintiff's head.7. Mr. Guerra then told the Plaintiff to take his hands out of his hoodie pockets. The
Plaintiff asked Mr. Guerra why was he harassing him.
8. Mr. Guerra then began to make derogatory slurs putting handcuffs on Plaintiff
placing Plaintiff under arrest.
9. During the arrest Mr. Guerra assault Plaintiff and damage his cell phone.
10. Luis Fernandez aided Mr. Guerra in the arrest, wrote the arrest affidavit and
released the Plaintiff around 11:30am.
11. Later that day because of the Plaintiff's injuries the Plaintiff was forced to go to
the Hospital.
12. The next day the Plaintiff filed a claim with the Florida East Coast Railway LLC.
for his injuries.
13, Florida East Coast Railway LLC. denied the Plaintif?’s injury claim.
14, Because of this denial the Plaintiff injuries went untreated,
15.On May 20, 2013 Plaintiff filed a civil complaint against Florida East Coast
Railway and Randal Nardone, Owner.
16. Soon after, Mr. Guerra, an employee of Florida East Coast Railway began a
campaign of harassment and intimidation against Plaintiff,
17. Mr. Guerra began to drive pass Plaintif's place of residence in a vehicle marked
Police, and question people in the community in an effort to verify Plaintiff's residence.
18. On July 14, 2013 around 12 p.m. the Plaintiff was walking down N. Miami Ave.
not having illegally crossed the railroad tracks when Plaintiff was approached by Luis
Fernandez in a truck marked Police.
19, The Plaintiff was held at the scene for the arrival of Raul Guerra.
20, When Mr. Guerra arrived at the scene he informed Plaintiff that Robert Ledoux,
General Counsel and Corporate Secretary of Florida East Coast Railway was upset,
because Plaintiff had filed a civil claim against Randal Nardone, and received orders to
detain and arrest Plaintiff on sight.
21. Mr. Guerra physically assaulted Plaintiff while placing Plaintiff in handcuffs
putting Plaintiff under arrest.
22, Luis Femandez transported Plaintiff to Turner Guilford Knight Correctional
Center and released to their custody.23. Robert Ledoux, James Hertwig, Luis Femandez, and Raul Guerra were all aware
that the Defendants did not have Police powers to make arrest violating Florida Statutes
354.01, 943.13, 943.131 and 943.133; Unlawful use of police badges or other indicia of
authority violating FS 843.085; issuing notices to appear violating FS 843.0855;
assuming to act as Officers before qualification violating FS 839.18; and False
personation of Officer violating FS 843.08
COUNT I-DEFENDANT RAUL GUERRA FALSE ARREST
24, Plaintiff re-allege paragraphs (5) through (10) as if fully set forth herein.
25. Mr. Guerra did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354.01.
26.Mr. Guerra did not meet the law enforcement qualifications and training
requirements of Florida Statute 943.13 and 943.131.
27. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085
COUNT
IEFENDANT LUIS FERNANDEZ FALSE.
28. Plaintiff re-allege paragraph (10) as if fully set forth herein,
29. Luis Fernandez did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354.01.
30. Luis Fernandez did not meet the law enforcement qualifications and training
requirements of Florida Statute 943.13 and 943.131.
31. Mr. Fernandez wore a badge and his vehicle was marked police violating FS
843,085,
COUNT I1-DEFENDANT RAUL GUERRA BATTERY
32. Plaintiff re-allege paragraph (6) through (9) as if fully set forth herein.
33. Raul Guerra did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354,01,34, Raul Guerra did not meet the law enforcement qualifications and training
requirements of Florida Statute 943,13 and 943.131.
35. Mr. Guerra wore a badge and his vehicle was marked poli
violating FS 843.085,
(COUNT IV-DEFENDANT LUIS FERNANDEZ FALSE ARREST
36, Plaintiff re-allege paragraph (18) through (22) as if fully set forth herein.
37. Luis Femandez did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354.01.
38, Luis Femandez did not meet the law enforcement qualifications and training
requirements of Florida Statute 943.13 and 943.131.
39. Mr, Femandez wore a badge and his vehicle was marked police violating FS
843.085
COUNT V-DEFENDANT RAUL GUERRA FALSE ARREST
40. Plaintiff re-allege paragraph (20) through (21) as if fully set forth herein.
41. Raul Guerra did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354.01. '
42. Raul Guerra did not meet the law enforcement qualifications and training
requirements of Florida Statute 943.13 and 943.131.
43. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085
COUNT VI-DEFENDANT RAUL GUERRA BATTERY
44, Plaintiff re-allege paragraph (21) as if fully set forth herein,
45. Raul Guerra did not have an appointment by the Governor to act as a special
officer violating Florida Statute 354.01.
46. Raul Guerra did not meet the law enforcement qualifications and training
requirements of Florida Statute 943.13 and 943.131.
47. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085c VII-D} HEI
RESPONSIBILITIES OF EMPLOYING AGENCY
48. Plaintiff re-allege paragraph (1) through (23) as if fully set forth herein.
49. The employing agency is fully responsible for the collection, verification, and
‘maintenance of documentation establishing that an applicant complies with the
requirements of Florida Statute 943.13 and 943.131.
50. Prior to the employment or appointment of any officer the employing agency, or
his or her designee, is required to execute and maintain a registration affidavit-of-
compliance attesting to compliance by the employing agency with FS 943.133(1).
WHEREFORE, Plaintiff, EDDUARD PRINCE, demands judgment for damages
against Defendants in a sum in excess of the minimal jurisdictional limits of this Court,
together with coast of this suit and any other relief this Court deems proper, and
injunctive relief prohibiting the employment or appointment of Raul Guerra and Luis
Femandez.
DEMAND FOR JURY TRIAL
Plaintiff hereby demand a trial by jury on all issues so triable.
DEI IR )RNEYS?
Plaintiff hereby demand payment of attorneys’ fees pursuant to 42 U.S.C 1983.
Edduard Prince
718 NW 1" Street Apt 407
Miami, Fl. 33128
(305)726-3639
eprincel [email protected]