IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION DOMENIC L. TOLLIS, Plaintiff, VS. Case No. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Defendant. Ci IMPLAINT Plaintiff, DOMENIC L. TOLLIS, sues Defendant, FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, for false arrest and alleges: I. This is an action for damages that exceed $15,000.00. 2. The Plaintiff was unlawfully arrested by an employee of the Florida Department of Highway Safety and Motor Vehicles without a warrant. 3. The Defendant, the Florida Department of Highway Safety and Motor Vehicles, is liable for the actions of its employees committed within the scope of their law enforcement 1 activities. 4. On June 10, 2012, Florida Highway Patrol Trooper Melvin Arthur responded to a three vehicle traffic crash near Cattlernen Road and Bee Ridge Road in Sarasota County, Florida. 5. Upon arrival at the scene, Trooper Melvin Arthur conducted a traffic crash investigation a11d completed a Florida Traffic Crash Report Long Form. 6. During his crash investigation, Trooper Melvin Arthur determined the Plaintiff was operating a vehicle that was stationary at a stop sign, facing west, at the driveway access to 3941 Cattlernan Road. 7. According to Trooper Melvin Arthur's crash report, the Plaintiff did not contribute to the cause of the crash. 8. During his crash investigation, Trooper Melvin Arthur also determined that Lee G. Fuller was operating a vehicle that was traveling north in the northbound right travel lane of Cattlernen Road approaching the driveway access of 3941 Cattlemen Road. 9. According to Trooper Melvin Arthur's crash report, Lee G. Fuller did not contribute to the cause of the crash. 10. During his crash investigation, Trooper Melvin Arthur also determined that Christina D. Wren was operating a vehicle that was traveling south on Cattlemen Road in the left turn lane on Cattlemen Road approaching the driveway access of 3941 Cattlemen Road. 1 1. According to his crash report, Trooper Melvin Arthur determined that Christina D. Wren was the contributing cause of the crash when she failed to yield to the vehicle that Lee G. Fuller was operating when Christina D. Wren attempted to make a left turn into the driveway at 3941 Cattlemen Road. 12. The front of Christina D. Wren's vehicle struck the left front of Lee G. Fuller's vehicle. 13. According to Trooper Melvin Arthur's crash report, after impact with Lee G. Fuller's vehicle, the vehicle that Christina D. Wren was operating traveled northeast into the driveway access of 3941 Cattlernen Road and struck the vehicle that the Plaintiff was operating. 14. After completing his crash investigation, Trooper Melvin Arthur began his investigation against the Plaintiff for Driving Under the Influence (DUI). 15. During the DUI investigation, Trooper Melvin Arthur had the Plaintiff participate in an Horizontal Gaze Nystaginus exercise. 16. During the DUI investigation, Trooper Melvin Arthur had the Plaintiff participate in other Field Sobriety Exercises to include the Walk and Turn exercise and the Stand exercise. 17. Trooper Melvin Arthur had in his possession a portable breath testing device during the DUI investigation. 18. Trooper Melvin Arthur failed to administer a portable breath test to the Plaintiff but did adrninister a portable breath test to Lee G. Fuller, the driver of a third vehicle involved in the crash. 19. The Plaintiff was arrested for DUI at the conclusion of the Field Sobriety Exercises and transported to the Sarasota County Sheriff's Office. 20. The Plaintiff submitted to a breath test on an Intoxilyzer 8000 located at the Sarasota County Jail. 21. The results of the breath test were .000 and .000. 3 22. After the breath test, Trooper Melvin Arthur requested the Plaintiff to submit to a urine test to determine what controlled substances and/or chemicals were in the Plaintiffs bloodstream. 23. Plaintiff complied and supplied Trooper Melvin Arthur a urine specimen. 24. The urine specimen was delivered to the Florida Department of Law Enforcement for analysis in a laboratory. 25. The urine specimen was analyzed for the following: Amphetamines, barbiturates, benzodiazepines, cannabinoids, carisoprodol, cocaine, methadone, opiates, oxycodone and propoxyphene. 26. On July 31, 2012, Florida Department of Law Enforcement Crime Laboratory Analyst Dan Richardson completed a Laboratory Report. 27. The laboratory report completed by Dan Richardson stated that "No drugs were identified" in the urine specimen. 28. The Plaintiffs vehicle was towed from the scene at the Plaintiffs expense after his arrest. 29. Trooper Melvin Arthur was not a Drug Recognition Expert at the time of this incident. 30. Prior to this investigation, Trooper Melvin Arthur received no documented training on how to properly administer the Horizontal Gaze Nystagrnus exercise. 31. Prior to this investigation, Trooper Melvin Arthur received minimal to no training on how to properly administer Field Sobriety Exercises. 32. Prior to this investigation, Trooper Melvin Arthur received minimal training on 4 how to conduct a criminal investigation involving subjects suspected of DUI. 33. The State Attorney's Office declined to tile formal charges against the Plaintiff. 34. As a result of the above actions by the Defendant, Plaintiff paid or incurred expenses for attorney fees and costs in defending Plaintiff from the criminal charges, the costs of bond posted in the criminal pioceeding, the costs for expunging or sealing, the costs of removing Plaintiffs booking photo from numerous websites that have posted his booking photo, and loss of enjoyment of life. WHEREFORE, Plaintiff, Domenic L. Tollis, demands judgment for damages against the Defendant, Florida Department of Highway Safety and Motor Vehicles, and demands a jury trial. Dated this 29"' day of May, 2013. GREENF ELDER, MANDER, MURPHY, DWYER MORRIS 14217 Third Street Dade City, FL 33523 (352) 567-04 .. Telephone) (352) 5 -8457 acsimile) Todd . Thurow, Esq. Fla. Bar No. 0042664 Attorneys for Plaintiff Primary Email: Secondary Email: By: