Case Number:18-006487-CI

Filing # 78799071 E-Filed 10/03/2018 12:46:01 PM

IN THE CIRCUIT COURT

OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA

GARY HUTCHINS,
Plaintiff,

vs. CASE NO.

BOB GUALTIERI, Pinellas County Sheriff, in

his official capacity only; MITCHELL REED,
Deputy Sheriff, Pinellas County, in his
individual capacity; and GERALD MASON,
Deputy Sheriff, Pinellas County, in his individual
capacity,

Defendants.
/

PLAINTIFF’S COMPLAINT AND REQUEST FOR JURY TRIAL

COMES NOW THE PLAINTIFF, GARY HUTCHINS, by and through his undersigned

counsel, and hereby sues the defendants, Pinellas County Sheriff Bob Gualtieri, solely in his

official capacity, Deputy Sheriff Mitchell Reed, in his individual capacity, and Deputy Sheriff

Gerald Mason, in his individual capacity, and alleges:

INTRODUCTION

1. This is an action brought by a United States citizen, Gary Hutchins, who was the

Victim of false arrest by Pinellas County Sheriff‘s Deputy Mitchell Reed and Pinellas County

Sheriff‘s Deputy Gerald Mason, respectively, who were employed at all relevant times by Pinellas

County Sheriff Bob Gualtieri.

2. Plaintiff Gary Hutchins alleges Violation of his federal civil rights by Defendants

Deputy Mitchell Reed and Deputy Gerald Mason, specifically his First, Fourth and Fourteenth

Amendment rights of freedom of speech and to be free from a seizure rendered unreasonable by

***ELECTRONICALLY FILED 10/03/2018 12:45:59 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
the absence of probable cause, indeed arguable probable cause. Gary Hutchins also alleges that

Deputies Reed and Mason committed the state law tort of false arrest. Plaintiff seeks declaratory

and compensatory relief, and costs, including his attorneys’ fees.

JURISDICTION AND VENUE

3. This action arises under 42 U.S.C. §§ 1983 & 1988 and Florida common law.

4. A11 incidents material to this action occurred in Pinellas County, Florida and

Defendants do business in Pinellas County, Florida.

PARTIES

5. Plaintiff Gary Hutchins is an adult United States citizen and, at all relevant times,

was a resident of the State of Florida and of Pinellas County.

6. Defendants Mitchell Reed and Gerald Mason were, at all times relevant to the

matters addressed in this lawsuit, employed as deputies by the Pinellas County Sheriffs Office,

and they are sued in their individual capacities only.

7. Defendant Bob Gualtieri, Sheriff of Pinellas County, is a constitutional officer of

the State of Florida and he is sued in his official capacity only.

COMPLIANCE WITH PROCEDURAL REQUIREMENTS

8. Plaintiff timely filed notice with the Pinellas County Sheriffs Office and the Florida

Department of Financial Services pursuant to § 768.28 of the Florida Statutes, regarding his

supplemental state tort claims against Sheriff Bob Gualtieri, in his official capacity. Plaintiff also

has provided Sheriff Gualtieri and the Florida Department of Financial Services the required

amount of time to resolve his claims. There is no administrative exhaustion requirement regarding

plaintiff’s civil rights claims under 42 U.S.C. § 1983.

 FACTUAL ALLEGATIONS CONIMON TO ALL COUNTS

9. On November 15, 2014, Gary Hutchins was a patron at the 8th Avenue Pub, in

Safety Harbor, Pinellas County, Florida.

10. While Mr. Hutchins was at that establishment, Pinellas County Sheriff’s Office

Deputies Mitchell Reed and Gerald Mason investigated a disturbance.

11. The disturbance did not involve Mr. Hutchins.

12. While the deputies were outside the 8th Avenue Pub and performing their

investigation, Mr. Hutchins opened the door to see What was happening.

13. Deputies Reed and Mason noticed Mr. Hutchins looking out the pub door at them.

14. Deputy Reed indicated in the offense report, No. 8014-480059, that “[a]s Deputy

Mason and I sat on 8th Avenue discussing What occurred at the pub, Deputy Mason heard the

subject in the red jacket (later identified as Gary Hutchins) make a statement about us deputies

being a waste of taxpayers [Sic] dollars.”

15. Thereafter, Mr. Hutchins and his friend left the 8th Avenue Pub and walked to

another establishment, Harbor Bar, located at 9th Avenue and Main Street in Safety Harbor.

16. Deputy Reed saw Mr. Hutchins leave the 8th Avenue Pub and followed him to

Harbor Bar.

17. Deputy Reed indicated in the offense report, No. 8014-480059, that “[a]s the W/M
in the red jacket walked into the bar, he turned around and flipped his middle finger at me.”

18. While Mr. Hutchins was at Harbor Bar, Deputy Reed parked his vehicle across the

street.

19. While Deputy Reed was parked across the street, he communicated with Deputy

Mason Via an in-car communication system.

 20. Their communications included the following exchange:

Deputy Reed: “1m [Sic] just listening to see if that idiot says anything that I can hear

from out here”.

Deputy Mason: “he gave 11 [Sic] the finger when he walked in bar”.

Deputy Reed: “I didnt [Sic] see that, but Im [Sic] sure he has to walk out of there

...... i [sic] will stop him to see What his problem is he can always go for disorderly intox

[5122]”.

21. Thereafter, Mr. Hutchins and his friend left Harbor Bar and walked east on Main

Street.

22. Deputy Reed watched Mr. Hutchins and his friend walk east on Main Street. He

drove his vehicle to 3rd Avenue and Main Street and parked at the intersection.

23. While walking with his friend, Mr. Hutchins noticed several Pinellas County

Sheriff’ 5 Office cruisers driving on Main Street at a high rate of speed.

24. Mr. Hutchins commented to his friend, that the police were driving like

“dickheads.”

25. Almost immediately, Deputy Reed exited his cruiser and illegally detained Mr.

Hutchins.

26. While illegally detaining Mr. Hutchins, Deputy Mason arrived and participated in

the illegal detention and eventual arrest of Mr. Hutchins.

27. Deputy Reed questioned Mr. Hutchins about his speech and attitude toward law

enforcement, eventually placing him under arrest for Disorderly Intoxication.

28. Mr. Hutchins was arrested for using words, in Violation of his constitutional rights.
 29. After being illegally detained and arrested, Deputy Reed transported Mr. Hutchins

to the county jail for booking.

30. Mr. Hutchins was charged with the misdemeanor offense of Disorderly

Intoxication.

31. Mr. Hutchins was not given any Field Sobriety Tests or a Breath Alcohol Test.

32. Thereafter, the State Attorney filed a No Information.

33. As a result of the acts and omissions of Deputies Reed and Mason, Mr. Hutchins

suffered humiliation, embarrassment, inconvenience, restraint on his liberty and harm to his

reputation. He

m
also sustained out-of—pocket expenditures relating to his arrest

(42 U.S.C. § 1983 Claim Against Defendant Reed)

and legal defense.

Plaintiff, Mr. Hutchins, sues Defendant Reed in his individual capacity, and states:

34. A11 allegations of paragraphs 1 through 33 are realleged in full and adopted herein.

35. Defendant Reed effected an unreasonable seizure of Plaintiff in that there was no

arguable probable cause for his seizure, in Violation of the Fourth and Fourteenth Amendments to

the United States Constitution, and actionable through 42 U.S.C. § 1983.

36. As a result of Defendant Reed’s seizure without arguable probable cause of

Plaintiff,

m
Mr. Hutchins, he suffered the losses described in paragraph 33.

(42 U.S.C. § 1983 Claim Against Defendant Mason)

Plaintiff, Mr. Hutchins, sues Defendant Mason in his individual capacity, and states:

37. A11 allegations of paragraphs 1 through 33 are realleged in full and adopted herein.
 38. Defendant Mason effected an unreasonable seizure of Plaintiff in that there was no

arguable probable cause for his seizure, in Violation of the Fourth and Fourteenth Amendments to

the United States Constitution, and actionable through 42 U.S.C. § 1983.

39. As a result of Defendant Mason’s seizure without arguable probable cause of

Plaintiff,

M
Mr. Hutchins, he suffered the losses described in paragraph 33.

(Supplemental State Tort Claim Against Defendant Gualtieri)

Plaintiff sues Defendant Sheriff Bob Gualtieri in his official capacity and states:

40. A11 allegations of paragraphs 1 through 33 are realleged in full and adopted herein.

41. Defendants Reed and Mason falsely arrested Mr. Hutchins, which is actionable

against Defendant Gualtieri in his official capacity pursuant to § 768.28 of the Florida Statutes.

42. As a result of Defendants Reed’s and Mason’s false arrest of Mr. Hutchins, he

suffered the losses described in paragraph 33.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that this Court will enter relief in the following terms:

1. A judgment for compensatory relief on Counts I, II and III.

2. An award of costs and attorney’s fees, on Counts I and II, pursuant to 42 U.S.C. §

1 98 8.

3. An award of stande costs on Counts I, II and III.

4. Such other relief as the Court deems just and proper.

Plaintiff requests a trial by jury.

CARLSON, MEISSNER, HART & HAYSLETT, P.A.

/S/ Jennifer A. Burns

JENNIFER A. BURNS, ESQUIRE
Florida Bar No. 382190
J. KEVIN HAYSLETT, ESQUIRE
Florida Bar No. 0748579
250 North Belcher Road; Suite 102
Clearwater, FL 33765-2622
(727) 443-1562 Telephone
(727) 462-2405 Facsimile
eservicecivil@C1\/[Firm.com
jbums@CMFirm.com
kathlene@CMFirm.com
TRIAL COUNSEL FOR PLAINTIFF