16-2019-CA-001394-XXXX-MA CV-E Filing # 85257916 E-Filed 02/20/2019 09:34:18 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA BRYAN TURNER, CASE NO.: 19-CA- FLA BAR NO.: 0739685 Plaintiff, v. MIKE WILLIAMS, as SHERIFF of CITY OF JACKSONVILLE and DUVAL COUNTY; MIKE WILLIAMS, individually; BILL LEEPER, as SHERIFF OF NASSAU COUNTY; and BILL, LEEPER, individually, Defendants. / COMPLAIN’ Plaintiff, BRYAN TURNER, hereby sues Defendants, MIKE WILLIAMS, as SHERIFF of CITY OF JACKSONVILLE and DUVAL COUNTY; MIKE WILLIAMS, individually; BILL, LEEPER, as SHERIFF OF NASSAU COUNTY; and BILL LEEPER, individually, and alleges: NATURE OF THE ACTION 1. This is an action brought under 42 U.S.C. § 1983 (deprivation of Civil Rights), which authorizes actions to redress the deprivation, under color of state law, of rights, privileges, and immunities secured to Plaintiff by the Constitution and laws of the United States; and 42 US.C. § 1988, which authorizes the award of costs and attorney’s fees to prevailing plaintiffs in actions brought under 42 U.S.C. § 1983. 2. This is also an action brought under 42 U.S.C. § 1985 (Conspiracy to Interfere with Civil Rights); and the common law of the State of Florida 3. This action involves claims which are, individually, in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of costs and interest. ACCEPTED: DUVAL COUNTY, RONNIE FUSS! K, 02/22/2019 08:35:52 AM4, At all times pertinent hereto, Plaintiff, BRYAN TURNER, has been a resident of Florida, and is swi juris. 5. At all times pertinent hereto, Defendant, MIKE WILLIAMS, as SHERIFF of CITY OF JACKSONVILLE and DUVAL COUNTY, FLORIDA (hereinafter, “Defendant JSO”), is sued in his Official Capacity as Sheriff of the City of Jacksonville and Duval County. Defendant JSO has been organized and existing under the laws of the State of Florida as a law enforcement agency known as the Jacksonville Sheriff's Office. 6. At all times pertinent hereto, Defendant, MIKE WILLIAMS (hereinafter, “Defendant Williams”), individually, has been a resident of the State of Florida. Defendant Williams is sued in his individual capacity and is sui juris, 7. Atal times pertinent hereto, Defendant, BIL. ER, as SHERIFF of NASSAU COUNTY, FLORIDA (hereinafter, “Defendant NCO”), is sued in his Official Capacity as Sheriff of Nassau County. Defendant NCSO has been organized and existing under the laws of the State of Florida as a law enforcement agency known as the Nassau County Sheriff's Office. 8. At all times pertinent hereto, Defendant, BILL LEEPER (hereinafter, “Defendant Leeper”), individually has been a resident of Florida. Defendant Leeper is sued in his individual capacity and is sui juris 9. Written notice of intent to initiate litigation was submitted to Defendant JSO on March 13, 2018 pursuant to section 768.28, Florida Statutes. All other conditions precedent to this action have been satisfied.10. During his employment with Defendant JSO in 2016 and 2017, Plaintiff stated his intention to run for Sheriff of Nassau County, Florida, 11, On or around February 6, 2017, when Plaintiff was working undercover for the Defendant JSO, a man outside of the vehicle in which he was a passenger put a pistol in Plaintif?’s face, and Plaintiff pulled his office issued pistol and shot the man several times, resulting in the death of the individual 12. An ambulance and backup were called. Plaintiff exited the undercover vehicle and was looking to make sure no one came out of the dark to ambush Plaintiff and his coworkers. 13, One of the officers asked Plaintiff if he should get rid of the alcohol in the vehicle. Plaintiff’s coworker, Kyle Kvies, threw the alcohol away. Plaintiff does not recall making any statement about throwing the alcohol away but it was not uncommon for undercover officers to have alcohol in their vehicles. 14, Plaintiff and his coworkers had aleohol in the vehicle, but two cans were not open and no one had been drinking the alcohol 15, When backup arrived, Plaintiff and his coworkers were separated for questioning During his interview, Plaintiff admitted that there was alcohol in the vehicle but it had not been opened and no one had been drinking. 16, The following day Kvies admitted to throwing away the cans and he took investigators to where the cans were discarded 17. Around seven days later, Plaintiff was again interviewed. 18, At the conclusion of the interview, Plaintiff was arrested for tampering with evidence (discarding the alcohol) and conspiracy to tamper with evidence