IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA DR JAMES Plaintiff, vs. CASE NO.: CIVIL DIVISION ALEJANDRO MURGUIDO, LUIS GOMEZ, and ALEJANDRO MURGUIDO JR, individually, Defendants. FIRST AMENDED COMPLAINT Plaintiff. DR JAMES MCDONOUGH, representing himself, in proprfo persona, sues Defendants ALEJANDRO MURGUIDO, LUIS GOMEZ and ALEJANDRO MURGUIDO R, for their defamatory and unlawful acts alleged below: 1. This is a cause of action for damages in excess of $15,000 exclusive of all fees, cost and interest. 2. Plaintiff, DR JAMES MCDONOUGH (??McDonough" and/or ?Plaintiff?L seeks to recover damages for defamatory Statements published by ALEJANDRO MURGUIDO, LUIS GOMEZ and ALEJANDRO MURGUIDO JR (referred to respectively as ?Murguido?, ?Gomez? and ?Junior? individually. and collectively as ?Defendants?, or singularly as ?Defendant?) who, wrongfully and maliciously, accused Plaintiff of committing Corruption Through Threats. as well as other crimes including Aggravated Stalking and Trespass. 3. The subject Statements concerning the Plaintiff were false, defamatory, and injurious to his professional and personal reputation, being intentionally swom with malicious intent to in?ict emotional distress. PARTIES 4. McDonough is an individual residing in Miami?Dade County (MDC), Florida. 5. Murguido is a police officer, for Homestead Police Department (HPD), and resides in MDC. 6. Gomez is a sheriff?s deputy, for Monroe County Sheriff?s Office (MCSO), and at the time of the alleged actions lived in MDC. 7. Junior, the son of Murguido, is a civilian and at the time of the alleged actions lived in MDC. WICTION AND VENUE 8. Jurisdiction and venue are proper in MDC in that McDonough resides in and has suffered injury in MDC. Florida as a result of the tortious act of verbally publishing defamatory statements about him. FACTS 9. On October 29, 2012, Plaintiff had a conversation with Murguido about his dangerous driving behavior in the community, in front of Murguido?s house. 10. Murguido was in his front yard speaking with his lawn man, when Plaintiff walking down the street, motioned for his attention. Murguido motioned for Plaintiff to wait a minute. 11. When Murguido was finished speaking with his lawn man, he approached Plaintiff at the road. After this conversation, and Plaintiff walking away, Murguido chased down Plaintiff and detained him without reasonable suspicion or probable cause. 12. It is this conversation specifically, that Defendants have given a false narrative of, rising to the level of defamation per se. This demonstrated by the published recording of the conversation, relative to sworn statements made by all Defendants. 2 13. Plaintiff has never one single time, entered property, on foot or by vehicle, and has always been on the public street, during the encounters. 14. Plaintiff never threatened Murguido at any time, but did advise he would report. him to his supervisor, if he continued to drive dangerously. 15. On December 27, 2012, January 24, 2013, and again on February 13, 2013, Plaintiff called Homestead Police Department and Internal Affairs (IA), trying to file a complaint against Murguido. 16. On February 15, 2013, Murguido off-duty and not in his official capacity filed a criminal complaint with Officer W. Marti of the MDPD at HPD. In his complaint Murguido falsely accused Plaintiff of committing Corruption Through Threats, section 838.021, Florida Statutes. Aggravated Stalking, section 784.048( 3), Florida Statutes, both third degree felonies. Murguido did this by making false statements that Plaintiff had unlawfully threatened him on October 29, 2012, while trespassing on his property, and that the Plaintiff had entered his property and threatened him earlier on July 27, 2012. These statements are false. 17. Murguido swore under oath on February 23, 2013 that Plaintiff had contacted 1A, and that Murguido was advised to file against the Plaintiff. Yet, the earlier calls to HPD and 1A, all made before this, were not returned until March 19, 2013. 18. On March 4, 2013, Murguido went to MDPD South District Station and confirmed his earlier statement from February 15, 2013, and identified photos of Plaintiff. This was not done in his official capacity. 19. On March 8, 2013, Junior gave a false statement to Alvarez. In his statement, Junior alleged that Plaintiff walked half way up the drive way, and that Murguido yelled at Plaintiff to leave and Plaintiff refused. This statement is false. 20. On April 9. 2013. off duty and not in his official capacity while at his home. Murguido gave a sworn taped statement to Alvarez. notably he alleged that on October '29. 2012 Plaintiff walked half way [113 the drive way. Murguido earlier on February 28, 2013 made a statement. sworn under oath. that he was speaking with his lawn man in his front yard when Plaintiff approached. 21. Murguido alleged that Plaintiff threatened him by saying he was ?going to get him?. This is a false statement. 22. Murguido alleged that Plaintiff would not leave until he walked away and entered his garage. This is a false statement. 23. Murguido alleged Plaintiff had yelled at and threatened him earlier on July 27, 2012. This is a false statement. 24. On April 10. 2013 Gomez made unswom statements to MDPD Detective Alvarez. These statements allege Plaintiff committed at least Corruption Through Threats and Trespass. 25. On April 15, 2013., Plaintiff was arrested on his property, based upon the false statements of the Defendants. This was for Corruption Through Threats and Aggravated Stalking. both third degree felonies. 26. The State Attorney. based upon the false statements of defendants. reduced Aggravated Stalking to Simple Stalking, and added two counts of trespass. The State Attorney dropped the Corruption Through Threats charge. 27. On May 7, 2013, Gomez gave a sworn recorded statement to Alvarez, in the presence of MDPD Detective Webster. Gomez alleged that Murguido was in his garage area working on his vehicles, when the Plaintiff stopped in front of Murguido"s property and started screaming at him. The Plaintiff then stepped onto Murguido?s property and continued screaming. Gomez alleged that Murguido was ?screaming at the top of his lungs" for Plaintiff to get off his property and Plaintiff refused. Gomez alleges that Plaintiff would not leave until Murguido went into his house. These statements by Gomez are false. 28. Defendant(s) were not in the performance of any official duty or act when making the defamatory statements. 29. These statements were not privileged. and were published to a third party. with malice. thereby damaging the Plaintiff. Count I (Slander Per Se?As to Murguido) 30. Plaintiff repeats and incorporates by reference paragraphs 1 through 29 above as though fully set forth herein. 31. On February 15. 2013 Murguido gave unsworn statements to MDPD Officer Marti. These statements allege Plaintiff committed at least Corruption Through Threats. Aggravated Stalking. and Trespass. This was not done under his official capacity. 32. On March 4. 2013. Murguido confirmed to MDPD Detective Alvarez. his earlier statements to Officer Marti. This was not done under his official capacity. 33. On April 9. 2013. Murgttido gave recorded statements under oath to Detective Alvarez. These statements allege Plaintiff committed Corruption Through Threats. Aggravated Stalking. and Trespass. This was not under his official capacity. 34. None of the statements made by Murguido to either Marti or Alvarez were privileged. Additionally these statements were made in Murguido?s individual capacity. 35. The statements made to Marti and Alvarez accuses Plaintiff of crimes. 36. The statements made to Marti and Alvarez are false. 37. The statements made to Marti and Alvarez were made with malice. 38. As a direct and proximate result of the actions of the defendant, the Plaintiff suffered both physical and mental injuries and is entitled to relief. Wherefore the Plaintiff is entitled to: A. Compensatory damages for the physical and mental injuries suffered. B. Cost of this action. C. Any other remedy the Court deems appropriate. Count II (Slander Per Se?As to Gomez) 39. Plaintiff repeats and incorporates by reference paragraphs 1 through above as though fully set forth herein. 40. On April 10. 2013 Gomez made unsworn statements to MDPD Detective Alvarez. These statements allege Plaintiff committed at least Corruption Through Threats and Trespass. This was not done under his official capacity. 41. On May 7. 2013 Gomez gave recorded statements under oath to Detective Alvarez. These statements allege Plaintiff committed Corruption Through Threats and Trespass. This was not done under his official capacity. 42. None of the statements made by Gomez to Alvarez were privileged. Additionally these statements were made in Gomezis individual capacity. 43. The statements made to Alvarez accuse Plaintiff of crimes. 44. The statements made to Alvarez are false. 45. The statements made to Alvarez were made with malice. 46. As a direct and proximate result of the actions of the defendant. the Plaintiff suffered both physical and mental injuries and is entitled to relief. Wherefore the Plaintiff is entitled to: A. Compensatory damages for the physical and mental injuries suffered. 13. Cost of this action. C. Any other remedy the Court deems appropriate. (Slander Per Se?As to Junior) 47. Plaintiff repeats and incorporates by reference paragraphs 1 through 29 above as though fully set forth herein. 48. On April 8. 2013 Junior made unsvvorn statements to MDPD Detective Alvarez. These statements allege Plaintiff committed at least Trespass. 49. None of the statements made by Junior to Alvarez vvere privileged. 50. The statements made to Alvarez accuse Plaintiff of crimes. 51. The statements made to Alvarez are false. 52. The statements made to Alvarez were made with malice. 53. As a direct and proximate result of the actions of the defendant. the Plaintiff suffered both physical and mental injuries and is entitled to relief. Wherefore the Plaintiff is entitled to: A. Compensatory damages for the physical and mental injuries suffered. B. Cost of this action. C. Any other remedy the Court deems appropriate. Count IV (Intentional In?ietion of Emotional Distress) 54. Plaintiff repeats and incorporates by reference paragraphs 1 through 29 above as though fully set forth herein. 55. Defendants Murguido. Gomez and Junior made slanderous statements against Plaintiff; the statements of the defendants were not privileged. and were made with malice and deliberate or reckless intent to harm Plaintiff. 56. The acts and/or emissions of acts by Defendants involved extreme and outrageous conduct which caused and continues to cause McDonough to suffer severe emotional distress. 57. The acts and/or omissions of acts by Defendants involved a deliberate or reckless in?iction of mental suffering, in that Defendants intended their behavior. when they knew. or should have known. that emotional distress to McDonough would likely result. 58. The conduct of Defendants exceeds the bounds of decency in a civilized society and was such that a person of normal sensibility upon hearing what Defendants did would esclaim ?outrageous?. 59. As a result of the infliction of emotional distress by Defendants. McDonough has suffered damages to include. but not limited to. humiliation. harassment. mental suffering and pain. damage to family relationships. damage to reputation. and other damages which are permanent or continuing in nature. 60. As a direct and proximate result of the actions of the defendant. the Plaintiff suffered both physical and mental injuries and is entitled to relief. Wherefore the Plaintiff is entitled to: A. Compensatory damages for the physical and mental injuries suffered. B. Cost of this action. C. Any other remedy the Court deems appropriate. .Iury Demand Plaintiff demands a trial by jury on all issues so triable. I HEREBY CERTIFY that a true and correct copies of the foregoing was furnished by email this 1 day of June 2015 to Counsel for Luis Gomez ohuJ ahro at 1 11b100 uol com and to Alejandro Murguido at Respectfully submitted, 2/5607 r. James Eric cDonough? 32320 SW 1?39Lh Avenue Homestead, Flmida 33030 Telephone: 571-245-5410 Email: phd2b05 gmoil.com