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Putnam Community Medical Complaint
Putnam Community Medical Complaint
Plaintiff,
Defendant.
/
COMPLAINT
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
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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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.
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
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
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
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
practices and discriminated against plaintiff on the basis of her race in violation of Title VII.
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
COUNT II
DISCRIMINATION – CHAPTER 760
18. This is an action against Defendants for racial discrimination brought under
19. This is an action against Defendant for discrimination based upon race brought
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
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.
of Plaintiff’s continued employment with Defendants. The events set forth herein led, at least in
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
26. Plaintiff is member of protected class under Section 1981due to her race.
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
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
COUNT IV
RETALIATION – IN VIOLATION OF TITLE VII
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
35. By the conduct described above, Defendant treated Plaintiff differently than her
Caucasian co-workers and engaged in unlawful employment practices and retaliated against
36. Defendant knew, or should have known, of the retaliation, discrimination and
37. At all times material hereto, Defendant acted with malice and reckless disregard
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
COUNT V
RETALIATION – CHAPTER 760
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
treatment based on her race and was the victim of retaliation thereafter, as related in part above.
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
(a) that process issue and this Court take jurisdiction over this case;
(b) that this Court grant equitable relief against Defendants under the
(c) enter judgment against Defendants and for Plaintiff awarding all legally-
(d) enter judgment against Defendants and for Plaintiff permanently enjoining
(e) enter judgment against Defendants and for Plaintiff awarding Plaintiff
(g) grant such other further relief as being just and proper under the
Plaintiff hereby demands a trial by jury on all issues herein that are so triable.
Respectfully submitted,
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.
LAMOUR ROWE )
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Plaintiff(s) )
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v. Civil Action No.
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PUTNAM COMMUNITY MEDICAL CENTER )
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Defendant(s) )
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
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