McBride v. Guzina
| Decision Date | 12 January 2022 |
| Docket Number | 8:21-cv-546-CEH-AEP |
| Court | U.S. District Court — Middle District of Florida |
| Parties | KEVIN MCBRIDE, Plaintiff, v. JOHN W. GUZINA, et al., Defendants. |
This matter comes before the Court on Defendant Chad Chronister's Motion to Dismiss (Doc. 73); Defendants Ashley Hodge, Jeffrey S. Marshall, Monique M. Scott, and Laura E. Ward's Motion to Dismiss (Doc. 74); Defendant Ray Roa's Motion to Dismiss (Doc. 75); Defendant Douglas Messina's Motion to Dismiss (Doc. 76); Defendants Michael K. Campani, City of Tampa, John W. Guzina, Susan C. Harmison David J. Hazelzet, Martha A. Murillo, and Robin S Sarrasin's Motion to Dismiss (Doc. 77); Tampa General Hospital's Motion to Dismiss (Doc. 78); Defendant Lightning Hockey, LP's Motion to Dismiss (Doc. 91), and Daryl Niles' ReFiled Motion to Dismiss (Doc. 102). Plaintiff, Kevin McBride, filed responses in opposition. (Docs. 86, 79, 80, 81, 84, 92, 93, 105). In the motions Defendants state that Plaintiff's Second Amended Complaint should be dismissed as a shotgun pleading. Additionally, Defendants argue several other bases for dismissal, including failure to state a cause of action, immunity protections, improper service, and Heck v. Humphrey[1] preclusion. The Court, having considered the motions and being fully advised in the premises will grant Defendants' Motions to Dismiss and give Plaintiff one final opportunity to amend.
Plaintiff, Kevin McBride (“Plaintiff” or “McBride”), a 53-year-old former business owner, who is proceeding pro se, filed his Second Amended Complaint (Doc. 69) on August 16, 2021. The events giving rise to the Plaintiff's claims are as follows.
On March 3, 2019, Plaintiff attended a PINK concert at Amalie Arena. (Doc. 69 ¶ 38). Shortly after taking his seat around 9:00 p.m., an “unruly fan” started hitting Plaintiff with her purse. Id. ¶¶ 40-41. In response, Plaintiff left his seat and attempted to get reseated elsewhere, but he eventually returned to his assigned seat after realizing the process would take too long. Id. ¶ 42. From there the behavior of the unruly fan escalated, and Plaintiff again went to seek help-only this time, Officer David J. Hazelzet (“Officer Hazelzet”), a police officer for the Tampa Police Department (“TPD”), approached and attacked Plaintiff. Id. ¶¶ 46-47. After the attack, Officer Hazelzet-together with TPD Officer Michael K. Campani (“Officer Campani”)- handcuffed the Plaintiff and walked him to the back of the arena. Id. ¶ 50. Defendant Daryl Niles (“Niles”), former head of security for Amalie Arena, was present and “took command of the situation.” Id. ¶¶ 68, 69, 70. Plaintiff alleges he was framed by TPD with the help of Niles. Id. ¶ 78.
Around 9:15 p.m., Officers Hazelzet and Campani placed Plaintiff in the Amalie Arena holding cell after taking his personal items. Id. ¶ 73. Two additional TPD officers, Robin S. Sarrasin (Officer Sarrasin”) and Baird (non-defendant), took Plaintiff to Tampa General Hospital around 9:30 p.m., despite Plaintiff's repeated refusal of medical treatment. Id. ¶ 83.
At Tampa General Hospital (“TGH”), Officer Sarrasin physically and verbally assaulted Plaintiff. Id. ¶ 95. Officer Sarrasin remained in the emergency room and attempted to force the doctor to “Baker Act” the Plaintiff. Id. ¶ 96. TGH was indifferent to Plaintiff's allegations of police misconduct and, despite Plaintiff's refusal of medical treatment, he was billed $1, 904.00 for his time at TGH. Id. ¶ 103.
Around 10:15 p.m., Plaintiff went through the intake process at Hillsborough County Jail (“Jail”). There, he was labelled “combative” and was placed into a holding tank. Id. ¶ 123. The Jail “slow processed” the Plaintiff after midnight, so he had to remain in the “freezing” facility and was not allowed to sleep until 4:00 a.m. Id. ¶ 125.
The following morning, on March 4, 2019, the Plaintiff posted $4, 000 bond and was released from the Jail in the late afternoon with two charges: felony battery and felony resisting arrest. Id. ¶¶ 149, 150-151. Upon his release, Plaintiff noticed that several of his personal items were missing. Id. ¶ 127.
On March 5, 2019, Defendant Ray Roa (“Roa”) of Creative Loafing published an alleged defamatory media report regarding Plaintiff's arrest. Id. ¶ 159. Plaintiff alleges that Roa released this false report without his consent and in collaboration with the TPD to sway public opinion against him. Id. ¶ 160-162. Further, Roa posted medical information that could “only have been obtained” from one of the co-defendants in this case. Id. ¶ 163.
In addition to the defamatory article, Roa and his associates allegedly stalked Plaintiff's social media pages, which resulted in judicial bias against the Plaintiff by using his own words against him. Id. ¶ 167-169. Plaintiff alleges that due in part to the predominantly female and LGBT fanbase at the PINK concert, Roa's public labelling of Plaintiff as a “homophobe” and “sexist” may have prevented any potential witnesses from coming forward with video of the assault. Id. ¶ 171-173.
On March 14, 2019, Assistant State Attorney Monique Scott (“Scott”) initiated prosecution of Plaintiff's criminal case. Id. ¶ 202. Plaintiff asserts a multitude of allegations against Scott for prosecutorial misconduct, including an alleged motivation to convict Plaintiff regardless of his innocence, a failure to investigate, manufacturing witnesses, falsifying legal documents, and suborning perjury. Id. ¶¶ 202-219. These allegations include a lack of due diligence (id. ¶ 202); a bias or motivation against Plaintiff causing Scott to rely on Plaintiff's “media persona” rather than evidence (id. ¶ 203-204); the manufacturing of witnesses like Amalie Arena security guard- Defendant Douglas Messina-to create probable cause (id. ¶ 206); the addition of a fabricated charge (id. ¶ 209); and intentional violations of constitutional and civil rights (id. ¶¶ 203, 214).
On March 22, 2019, Plaintiff contacted public defender Ashley Hodge (“Hodge”). Id. ¶ 249. Hodge allegedly showed bias toward Plaintiff, presumably from researching Plaintiff's character on social media. Id. ¶ 254. Hodge was consistently rude in her communications to Plaintiff and informed him that “this case is going to trial, and it will be your word against the police.” Id. ¶¶ 252-253. Plaintiff's arraignment was scheduled on April 4, 2019. Id. ¶ 257. There, public defender Keierica Baker stood in for Hodge and ignored Plaintiff's requests for a motion to dismiss. Id. ¶¶ 258-260. Defendant Judge Laura E. Ward (“Judge Ward”) presided over the criminal case, and at his arraignment she “cut off” Plaintiff and “shout[ed] down to the Plaintiff in a tyrannical type of way.” Id. ¶ 262.
On April 8, 2019, Plaintiff received discovery from the government in his criminal case. Id. ¶ 266. This discovery “changed to the benefit of the [assistant state attorney], ” and included unknown officers, new statements, and new photos. Id. ¶¶ 266-273.
On May 16, 2019, Plaintiff was ordered to take a mental exam by Judge Ward against his wishes. Id. ¶ 313.
On May 20, 2019, four officers from the TPD visited the Plaintiff at his home without a warrant. Id. ¶ 327. The officers forced Plaintiff to remove social media posts about Defendant John W. Guzina (“Guzina”), the head of the crime division at TPD. Id. ¶ 331. Plaintiff requested to get his missing personal items back, but to no avail. Id. ¶¶ 330, 332.
On June 17, 2019, Plaintiff completed the court-ordered medical exam, receiving a score of 96 out of 100. Id. ¶ 356. Days later, the assistant state attorney (“ASA”) moved to modify Plaintiff's bond-this motion sought home confinement, a travel ban, and forfeiture of all weapons. Id. ¶ 359. Defendant Judge Ward granted the motion-allegedly based on personal animus and racial discrimination. Id. ¶¶ 361, 363. Hearings before Judge Ward were conducted over the next two days regarding requiring Plaintiff to wear an ankle monitor and limiting Plaintiff's travel. Id. ¶¶ 371, 373.
On July 1, 2019, Plaintiff left for Washington D.C. when an ASA investigator left a notice at his home for a court date the next day. Id. ¶ 408 Nobody informed Plaintiff of this date, including his attorneys. Id. ¶ 409. As a result, Plaintiff missed the July 2 court date, and the court entered an order for failure to appear, putting a warrant out for his arrest. Id. ¶ 412.
On July 12, 2019, U.S. Marshals arrested Plaintiff and put him in the Arlington County jail for three months. Id. ¶ 415. During his time there, he received no contact from his attorneys. Id. ¶ 415. In the meantime, Defendant Roa continued to publish articles about Plaintiff. Id. ¶¶ 417-421. Plaintiff was picked up in Arlington on September 22 and was again processed at the Hillsborough County Jail on September 27. Id. ¶¶ 455, 457. At a September 29, 2019 bond violation hearing, Defendant Judge Ward allegedly conspired with Judge Elizabeth Rice to hold Plaintiff with no bond. Id. ¶ 458.
On October 5, 2019, Judge Ward canceled Plaintiff's court hearing. Id. ¶ 470. The night before this anticipated court date, Plaintiff asked a Jail guard for a razor to shave, presumably unaware of the cancellation. Id. ¶¶ 475, 476. As a result of this misunderstanding, Plaintiff was forced to take another mental exam, and he was subsequently transferred to Falkenburg Jail. Id. ¶¶ 477-482. There, he was subjected to the inhumane jail conditions of solitary confinement for a week. Id. ¶¶ 483-484. In subsequent attempts to obtain representation, the...
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