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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JEFFREY ALAN VAN CAMP, SR., Plaintiff, v.

CASE NO.3:12-CV-000323

DAVID MORGAN, Sheriff of Escambia County, Florida, in his individual and Official capacities, Defendant. ______________________________________________________________________________ COMPLAINT Plaintiff, JEFFREY ALAN VAN CAMP, (hereinafter referred to as “Van Camp”), by and through his undersigned counsel, sues the Defendant, DAVID MORGAN, (hereinafter referred to as “Morgan”), Sheriff of Escambia County, in his individual and official capacities, and alleges as follows: INTRODUCTION 1. This is an action seeking damages against defendant for committing acts, under color of law, which deprived Plaintiff rights secured under the United States Constitution and of the laws of the United States and the State of Florida for retaliating against Van Camp for exercising his rights of speech and association, denying Plaintiff equal protection of laws, and for refusing or neglecting to prevent such privations and denials to the Plaintiff.

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JURISDICTION AND VENUE 2. The Court has jurisdiction over this matter under 42 U.S.C §1983 and 28 U.S.C. §1343. The Court also has jurisdiction under 28 U.S.C. § 1331 and the laws of the State of Florida. 3. The events giving rise to this action occurred in Escambia County, Florida. Venue is proper in Escambia County, Florida. 4. Attorney fees and costs in civil rights actions are authorized in accordance with 42 U.S.C. § 1988. PARTIES 5. Van Camp is a resident and citizen of Santa Rosa County, Florida. 6. Morgan was at all times material hereto the Sheriff of Escambia County, Florida. FACTS 7. Van Camp has been a Deputy Sheriff of Escambia County, Florida since November 1989. 8. In December 2008, Van Camp’s position with the Escambia County Sheriff’s Office was Officer in Charge of the Gulf Coast Crimestoppers Unit. He had been in that position since February of 1996 and had won numerous awards and public accommodations for the unit. 9. On or about August 26, 2011, the Gulf Coast Crime Stoppers sponsored a Golf Tournament at Scenic Hills Golf Club, as a fund raising event. Sponsors purchased T-shirts and signs. 10. John R. Powell, a candidate for Sheriff of Escambia County in the 2012 Sheriff‘s race sponsored a hole at the event, and was allowed a sign at a tee. His name was on the event T-shirt, along with all other sponsors.

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11. When Van Camp was approached with Powell’s donation, he called the Florida Attorney General to confirm that donations from candidates could be accepted. He was told that a 501(c) charitable organization could not turn down the donation. 12. When Morgan discovered that John Powell was a sponsor of the golf tournament, he charged Van Camp with various violations of Sheriff Department policies, including not keeping his chain of command informed, failure to properly complete and maintain Crime Stopper records and reports; failure to maintain job knowledge and skills; and Conduct Unbecoming. 13. All of the policy violation charges brought against Van Camp were untrue and in retaliation for exercising his rights of association and speech protected by the First and Fourteenth Amendments of the United States Constitution and Florida law. 14. On or about August 31, 2011, Morgan removed Powell from his position as Officer in Charge of the Gulf Coast Crime Stoppers Unit and demoted him to Patrol Officer in the least desirable area of Pensacola. 15. Captain Dale Tharp and Commander Ricky Shelby of the Escambia County Sheriff’s Department advised Van Camp that his demotion was strictly for political reasons. 16. On or about February 16, 2012, Van Camp met with the Sheriff Department’s Disciplinary Review Board. The Board recommended a forty (40) hour suspension and the Sheriff imposed a thirty (30) hour suspension on Van Camp. CAUSE OF ACTION 17. Van Camp incorporates paragraphs one through sixteen (1-16) above. 18. Morgan knew or should have known that the conduct described above and the retaliation against Van Camp for his perceived association with Powell, his political enemy, was

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a violation of Van Camp’s constitutional rights under the First and Fourteenth Amendments to the United States Constitution. 19. Morgan did not have policies and procedures in place establishing guidelines for employees engaged in protected First Amendment activity. Morgan knew or should have known that the failure to have these policies in place would likely result in a violation of Van Camp’s rights under the First Amendment to the Constitution of the United States of America. 20. Morgan’s conduct against Van Camp and lapses as the chief executive Officer of the agency constituted an official policy or custom of the Escambia County Sheriff’s Office. WHEREFORE, Plaintiff demands judgment against Defendant in his official and individual capacities as follows: a. Compensatory damages, together with interest; b. Attorney fees and costs; c. Punitive against Morgan individually; d. Such other and further relief as the Court deems just and proper.

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DEMAND FOR JURY TRIAL The Plaintiff demands a trial by jury on all issues so triable. Done this 26th day of June, 2012. Respectfully submitted, /s/ R. John Westberry R. JOHN WESTBERRY 3000 Langley Avenue, Suite 300 Pensacola, Florida 32504 Telephone: (850) 473-0401 Facsimile: (850) 473-1388 Florida Bar No. 244661 /s/ Clayton M. Connors CLAYTON M. CONNORS 3000 Langley Avenue, Suite 300 Pensacola, Florida 32504 Telephone: (850) 473-0401 Facsimile: (850) 473-1388 Florida Bar No. 0095553 Attorney for the Plaintiff JEFFREY ALAN VAN CAMP

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