IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA EDDUARD PRINCE, Plaintiff, CASE No. CIVIL DIVISION Vs. FLORIDA EAST COAST RAILWAY LLC., ROBERT LEDOUX, JAMES HERTWIG, RAUL GUERRA and LUIS FERNANDEZ Defendants. A Thee COMPLAINT a Plaintiff, EDDUARD PRINCE sues Defendants FLORIDA EAST COAST RAILWAY LLC, ROBERT LEDOUX, JAMES HERTWIG, RAUL GUERRA and LUIS FERNANDEZ for False Arrest under Civil Rights Act of 1871, 42 USC 1983, Responsibilities of Employing Agency under Florida Statute 943.133, Unlawful use of Police badges or other indicia of authority under Florida Statute 843.085, Use of Simulated Legal process under Florida Statute 843.0855, and Personal Injury under Florida Statute 784.03 and alleges: FACTS APPLICABLE TO ALL COUNTS 1. This is action for damages over $15,000.00 for False Arrest and Personal Injury. 2. On March 28, 2013 around 10:30 am the Plaintiff left his house on 1* Place and 17* St. to walk to work. 3. The Plaintiff started walking east on 17 St. and crossed over the railroad tracks west of N. Miami Ave. 4, The Plaintiff proceeded to cross N. Miami Ave. and continued for another two blocks east on 17" St. 5. At this moment two people driving two different trucks marked Police on the side pulled their vehicles to the sidewalk to confront The Plaintiff. 6. Raul Guerra after exiting his vehicle pulled his gun out and pointed it to the Plaintiff's head.7. Mr. Guerra then told the Plaintiff to take his hands out of his hoodie pockets. The Plaintiff asked Mr. Guerra why was he harassing him. 8. Mr. Guerra then began to make derogatory slurs putting handcuffs on Plaintiff placing Plaintiff under arrest. 9. During the arrest Mr. Guerra assault Plaintiff and damage his cell phone. 10. Luis Fernandez aided Mr. Guerra in the arrest, wrote the arrest affidavit and released the Plaintiff around 11:30am. 11. Later that day because of the Plaintiff's injuries the Plaintiff was forced to go to the Hospital. 12. The next day the Plaintiff filed a claim with the Florida East Coast Railway LLC. for his injuries. 13, Florida East Coast Railway LLC. denied the Plaintif?’s injury claim. 14, Because of this denial the Plaintiff injuries went untreated, 15.On May 20, 2013 Plaintiff filed a civil complaint against Florida East Coast Railway and Randal Nardone, Owner. 16. Soon after, Mr. Guerra, an employee of Florida East Coast Railway began a campaign of harassment and intimidation against Plaintiff, 17. Mr. Guerra began to drive pass Plaintif's place of residence in a vehicle marked Police, and question people in the community in an effort to verify Plaintiff's residence. 18. On July 14, 2013 around 12 p.m. the Plaintiff was walking down N. Miami Ave. not having illegally crossed the railroad tracks when Plaintiff was approached by Luis Fernandez in a truck marked Police. 19, The Plaintiff was held at the scene for the arrival of Raul Guerra. 20, When Mr. Guerra arrived at the scene he informed Plaintiff that Robert Ledoux, General Counsel and Corporate Secretary of Florida East Coast Railway was upset, because Plaintiff had filed a civil claim against Randal Nardone, and received orders to detain and arrest Plaintiff on sight. 21. Mr. Guerra physically assaulted Plaintiff while placing Plaintiff in handcuffs putting Plaintiff under arrest. 22, Luis Femandez transported Plaintiff to Turner Guilford Knight Correctional Center and released to their custody.23. Robert Ledoux, James Hertwig, Luis Femandez, and Raul Guerra were all aware that the Defendants did not have Police powers to make arrest violating Florida Statutes 354.01, 943.13, 943.131 and 943.133; Unlawful use of police badges or other indicia of authority violating FS 843.085; issuing notices to appear violating FS 843.0855; assuming to act as Officers before qualification violating FS 839.18; and False personation of Officer violating FS 843.08 COUNT I-DEFENDANT RAUL GUERRA FALSE ARREST 24, Plaintiff re-allege paragraphs (5) through (10) as if fully set forth herein. 25. Mr. Guerra did not have an appointment by the Governor to act as a special officer violating Florida Statute 354.01. 26.Mr. Guerra did not meet the law enforcement qualifications and training requirements of Florida Statute 943.13 and 943.131. 27. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085 COUNT IEFENDANT LUIS FERNANDEZ FALSE. 28. Plaintiff re-allege paragraph (10) as if fully set forth herein, 29. Luis Fernandez did not have an appointment by the Governor to act as a special officer violating Florida Statute 354.01. 30. Luis Fernandez did not meet the law enforcement qualifications and training requirements of Florida Statute 943.13 and 943.131. 31. Mr. Fernandez wore a badge and his vehicle was marked police violating FS 843,085, COUNT I1-DEFENDANT RAUL GUERRA BATTERY 32. Plaintiff re-allege paragraph (6) through (9) as if fully set forth herein. 33. Raul Guerra did not have an appointment by the Governor to act as a special officer violating Florida Statute 354,01,34, Raul Guerra did not meet the law enforcement qualifications and training requirements of Florida Statute 943,13 and 943.131. 35. Mr. Guerra wore a badge and his vehicle was marked poli violating FS 843.085, (COUNT IV-DEFENDANT LUIS FERNANDEZ FALSE ARREST 36, Plaintiff re-allege paragraph (18) through (22) as if fully set forth herein. 37. Luis Femandez did not have an appointment by the Governor to act as a special officer violating Florida Statute 354.01. 38, Luis Femandez did not meet the law enforcement qualifications and training requirements of Florida Statute 943.13 and 943.131. 39. Mr, Femandez wore a badge and his vehicle was marked police violating FS 843.085 COUNT V-DEFENDANT RAUL GUERRA FALSE ARREST 40. Plaintiff re-allege paragraph (20) through (21) as if fully set forth herein. 41. Raul Guerra did not have an appointment by the Governor to act as a special officer violating Florida Statute 354.01. ' 42. Raul Guerra did not meet the law enforcement qualifications and training requirements of Florida Statute 943.13 and 943.131. 43. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085 COUNT VI-DEFENDANT RAUL GUERRA BATTERY 44, Plaintiff re-allege paragraph (21) as if fully set forth herein, 45. Raul Guerra did not have an appointment by the Governor to act as a special officer violating Florida Statute 354.01. 46. Raul Guerra did not meet the law enforcement qualifications and training requirements of Florida Statute 943.13 and 943.131. 47. Mr. Guerra wore a badge and his vehicle was marked police violating FS 843.085c VII-D} HEI RESPONSIBILITIES OF EMPLOYING AGENCY 48. Plaintiff re-allege paragraph (1) through (23) as if fully set forth herein. 49. The employing agency is fully responsible for the collection, verification, and ‘maintenance of documentation establishing that an applicant complies with the requirements of Florida Statute 943.13 and 943.131. 50. Prior to the employment or appointment of any officer the employing agency, or his or her designee, is required to execute and maintain a registration affidavit-of- compliance attesting to compliance by the employing agency with FS 943.133(1). WHEREFORE, Plaintiff, EDDUARD PRINCE, demands judgment for damages against Defendants in a sum in excess of the minimal jurisdictional limits of this Court, together with coast of this suit and any other relief this Court deems proper, and injunctive relief prohibiting the employment or appointment of Raul Guerra and Luis Femandez. DEMAND FOR JURY TRIAL Plaintiff hereby demand a trial by jury on all issues so triable. DEI IR )RNEYS? Plaintiff hereby demand payment of attorneys’ fees pursuant to 42 U.S.C 1983. Edduard Prince 718 NW 1" Street Apt 407 Miami, Fl. 33128 (305)726-3639 eprincel 110@gmail.com