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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
LAMOUR ROWE

Plaintiff,

vs. CASE NO.

PUTNAM COMMUNITY MEDICAL

CENTER

Defendant.
/

COMPLAINT

Plaintiff, LAMOUR ROWE, hereby sues Defendant, PUTNAM COMMUNITY

MEDICAL CENTER, (hereinafter “Defendants”) and alleges:

NATURE OF THE ACTION

1. This is an action brought pursuant to Title VII of the Civil Rights Act of 1964, as

amended, by the Civil Rights Act of 1991, 42 U.S.C. §2000e et seq. (“Title VII”), the Florida

Civil Rights Act of 1992, Fla. Stat. §760.01 et seq. (“FCRA”) and the Civil Rights Act of 1866,

42 U.S.C. §1981 (“Section 1981”) to recover front pay, back pay, reinstatement, lost benefits,

compensatory damages, emotional distress damages, pain and suffering, injunctive relief,

reasonable attorneys’ fees and costs and any other relief to which the Plaintiff is entitled

including but not limited to equitable relief.

THE PARTIES

2. At all times pertinent hereto, Plaintiff, LAMOUR ROWE, has been a resident of

the State of Florida and was employed by Defendants. Plaintiff is a member of a protected class

due to her race (African-American) and she was retaliated against after complaining about

disparate treatment relating to medical care she provided to a patient at her place of employment.
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3. At all times pertinent hereto, Defendant, PUTNAM COMMUNITY MEDICAL

CENTER, has been organized and existing under the laws of the State of Florida. At all times

pertinent to this action, Defendant has been an “employer” as that term is used under the

applicable laws identified above. Defendant was Plaintiff’s employer as it relates to these claims.

CONDITIONS PRECEDENT

4. Plaintiff has satisfied all conditions precedent to bringing this action in that

Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission.

This action is timely filed thereafter.

STATEMENT OF THE ULTIMATE FACTS

5. Plaintiff, a 32 year-old African-American female, was employed with Defendant

beginning February 13, 2017 as a Registered Nurse (RN) in the Labor and Delivery Department

for Defendant. During her employment with Defendant, Plaintiff also served honorably in the

United States Army Reserves.

6. On or around, August 12, 2017, Plaintiff offered to assist in the Emergency Room

in the hospital. While working in the emergency room, Plaintiff used a technique known as a

“nipple twist” on a non-responsive patient in order to test the patient’s level of consciousness.

The patient, a white female, later complained about Plaintiff’s medical treatment and on or about

August 14, 2017, Defendant suspended Plaintiff without pay, pending an investigation.

7. Plaintiff complained to Chief Nursing Officer Kari Bolin, a white female, that RN

Bobbi (last name unknown), who is a white female nurse, used the “nipple twist” technique to

test another patient.

8. On September 14, 2017, Defendant terminated Plaintiff for allegedly violating

applicable standards of care. Defendant then also filed a complaint against Plaintiff with the
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Florida Board of Nursing. RN Bobbi was not disciplined for her use of the “nipple twist”

technique.

9. After the unlawful termination, Plaintiff submitted her case to the Florida

Commission on Human Relations and the Equal Employment Opportunity Commission. The

agency investigator demanded that Defendant provide information about RN Bobbi. Defendant

outright refused to provide any information about RN Bobbi, a white female. The FCHR and the

EEOC found cause to determine that Defendant violated the law based on the Defendant’s

adopted admission.

10. Defendant’s actions were willful and/or were in reckless disregard of the severity

of the violations of law represented by the same.

11. Plaintiff has retained the undersigned to represent her interests in this cause and is

obligated to pay a fee for these services. Defendant should be made to pay said fee under the

statutory provisions cited herein and such other grounds as are authorized.

COUNT I
DISCRIMINATION BASED ON RACE IN VIOLATION OF TITLE VII

12. Paragraphs 1 through 11 are re-alleged and incorporated herein by reference.

13. Plaintiff is member of a protected class due to her race.

14. By the conduct described above, Defendant engaged in unlawful employment

practices and discriminated against plaintiff on the basis of her race in violation of Title VII.

15. Defendant knew or should have known of the discrimination.

16. The above discrimination was done by Defendant with a reckless disregard for

Plaintiff’s rights under federal law. As a direct and proximate result of the discrimination

described above, Plaintiff has suffered and continues to suffer loss of employment, loss of
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income, loss of other employment benefits and has suffered and continues to suffer mental

anguish, distress, humiliation, great expense and loss of enjoyment of life.

COUNT II
DISCRIMINATION – CHAPTER 760

17. Paragraphs 1 through 11 are re-alleged and incorporated herein by reference.

18. This is an action against Defendants for racial discrimination brought under

Chapter 760, Florida Statutes.

19. This is an action against Defendant for discrimination based upon race brought

under 42 U.S.C. §1981 through 42 U.S.C. §1983.

20. Plaintiff has been the victim of discrimination on the basis of her race. During the

course of Plaintiff’s employment with Defendants, she was treated differently than a similarly

situated white female employee who used the same procedure in providing medical care to a

patient.

21. Defendants are liable for the differential treatment of Plaintiff, which adversely

affected the terms and conditions of Plaintiff’s employment with Defendants. Defendants

controlled the actions and inactions of the persons making decisions affecting Plaintiff or it knew

or should have known of these actions and inactions and failed to take prompt and adequate

remedial action or took no action at all to prevent the abuses to Plaintiff.

22. In essence, the actions of agents of Defendants, which were each condoned and

ratified by Defendants, were discrimination based and in violation of the laws set forth herein.

23. The discrimination complained of herein affected a term, condition, or privilege

of Plaintiff’s continued employment with Defendants. The events set forth herein led, at least in

part, to Plaintiff’s termination.

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24. As a direct and proximate result of Defendants’ conduct described above, Plaintiff

has suffered emotional distress, mental pain and suffering, past and future pecuniary losses,

inconvenience, bodily injury, mental anguish, loss of enjoyment of life and other non-pecuniary

losses, along with lost back and front pay, interest on pay, bonuses, and other benefits. These

damages have occurred in the past, are permanent and continuing. Plaintiff is entitled to

injunctive/equitable relief.

COUNT III
DISCRIMINATION BASED ON RACE IN VIOLATION OF SECTION 1981

25. Paragraphs 1 through 11 are re-alleged and incorporated herein by reference.

26. Plaintiff is member of protected class under Section 1981due to her race.

27. By the conduct described above, Defendant engaged in unlawful employment

practices and discriminated against plaintiff on the basis of her race in violation of Section 1981.

28. Defendant’s discipline of Plaintiff in light of the fact that a white nurse had

performed the same medical procedure and directly refusing to provide any information about

the white nurse is direct evidence of discrimination based upon race as race was defined when

Section 1981 was enacted.

29. Defendant knew or should have known of the discrimination.

30. The above discrimination was done by Defendant with a reckless disregard for

Plaintiff’s rights under federal law. As a direct and proximate result of the discrimination

described above, Plaintiff has suffered and continues to suffer loss of employment, loss of

income, loss of other employment benefits and has suffered and continues to suffer mental

anguish, distress, humiliation, great expense and loss of enjoyment of life.

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COUNT IV
RETALIATION – IN VIOLATION OF TITLE VII

31. Paragraphs 1 through 11 are re-alleged and incorporated herein by reference.

32. Plaintiff is a member of a protected class under Title VII because she engaged in

protected activities.

33. Plaintiff engaged in protected activity when she complained to Chief Nursing

Officer Kari Bolin about the disparate treatment Plaintiff was subjected to.

34. Bolin’s treatment of Plaintiff became worse after Plaintiff’s complaints and

Plaintiff was not only terminated but also reported to the Florida Board of Nursing in retaliation

for Plaintiff’s complaints of mistreatment.

35. By the conduct described above, Defendant treated Plaintiff differently than her

Caucasian co-workers and engaged in unlawful employment practices and retaliated against

Plaintiff because she engaged in protected activities in violation of Title VII.

36. Defendant knew, or should have known, of the retaliation, discrimination and

harassment that Plaintiff was subjected to.

37. At all times material hereto, Defendant acted with malice and reckless disregard

for Plaintiff’s state and federally protected rights.

38. As a direct and proximate result of the foregoing unlawful acts and omissions,

Plaintiff has suffered mental anguish, emotional distress, expense, loss of benefits,

embarrassment, humiliation, damage to reputation, lost wages, and other tangible and intangible

damages. These damages are continuing and are permanent. Plaintiff is entitled to punitive

damages and to injunctive relief.

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COUNT V
RETALIATION – CHAPTER 760

39. Paragraphs 1 through 11 are re-alleged and incorporated herein by reference.

40. Defendants are employers as that term is used under the applicable statutes

referenced above.

41. The foregoing allegations establish a cause of action for unlawful retaliation after

Plaintiff engaged in protected activity under Chapter 760, Florida Statutes, and other statutory

provisions cited herein.

42. The foregoing unlawful actions by Defendants were purposeful.

43. Plaintiff engaged in protected activity by complaining about issues of disparate

treatment based on her race and was the victim of retaliation thereafter, as related in part above.

44. Plaintiff is a member of a protected class because Plaintiff engaged in protected

activity and was the victim of retaliation thereafter. There is thus a causal connection between

the report of disparate treatment and the adverse employment action taken thereafter.

45. As a direct and proximate result of the foregoing unlawful acts and omissions,

Plaintiff has suffered mental anguish, emotional distress, expense, loss of benefits,

embarrassment, humiliation, damage to reputation, lost wages, and other tangible and intangible

damages. These damages are continuing

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants for the following:

(a) that process issue and this Court take jurisdiction over this case;

(b) that this Court grant equitable relief against Defendants under the

applicable counts set forth above, mandating Defendant’s obedience to the

laws enumerated herein and providing other equitable relief to Plaintiff;

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(c) enter judgment against Defendants and for Plaintiff awarding all legally-

available general and compensatory damages as well as punitive damages

and economic loss to Plaintiff from Defendants for Defendants’ violations

of law enumerated herein;

(d) enter judgment against Defendants and for Plaintiff permanently enjoining

Defendants from future violations of law enumerated herein;

(e) enter judgment against Defendants and for Plaintiff awarding Plaintiff

attorney's fees and costs;

(f) award Plaintiff interest where appropriate; and

(g) grant such other further relief as being just and proper under the

circumstances, including but not limited to reinstatement.

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues herein that are so triable.

DATED this 11th day of November 2020.

Respectfully submitted,

/s/ Thomas L. Dickens, III

THOMAS L. DICKENS, III, ESQ.
Florida Bar No.: 063687
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 204-2208
[email protected];
[email protected]
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LAMOUR ROWE PUTNAM COMMUNITY MEDICAL CENTER

Thomas L. Dickens, III, Esq., Morgan & Morgan

20 N Orange Avenue, Suite 1600, Orlando, Florida 32801
Tel: (407) 420-1414 Email:[email protected]

Title VII of the Civil Rights Act of 1964, as amended, by the Civil Rights Act of 1991, 42 U.S.C. §2000e et seq., the Florida Civil Rights Act of 1992,
Fla. Stat. §760.01 et seq. and the Civil Rights Act of 1866, 42 U.S.C. §1981.

Violation of the Civil Rights Act

11-11-2020 /s/ Thomas L. Dickens

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AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Middle District
__________ District of
of Florida
__________

LAMOUR ROWE )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
PUTNAM COMMUNITY MEDICAL CENTER )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) PUTNAM COMMUNITY MEDICAL CENTER, LLC
C/O C T CORPORATION SYSTEM, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
THOMAS L. DICKENS, III
Morgan and Morgan, P.A.
20 N. Orange Avenue, Suite 1600
Orlando,FL 32801

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk