TAMPA - Cynthia Fitzpatrick filed a complaint on October 1 in Hillsborough County Circuit Court against county sheriff Chad Chronister.
According to the complaint, Fitzpatrick was employed by the defendant from 1983 until her wrongful termination in January 2007. Fitzpatrick is a member of a protected class due to a job injury she sustained on July 26, 2003, and she was retaliated against because she obtained or attempted to obtain benefits under Chapter 440, F.S., the suit says.
Fitzpatrick alleges that during her employment, she was treated differently than other deputies, primarily by undersheriff Donna Lusczynski.
Plaintiff was injured in the line of duty on July 26, 2003, when she was getting out of her work-related vehicle, she says. She was exiting her vehicle from a parked position when her vehicle was struck in the rear by another vehicle, causing severe injury to her neck, back and internal systems, she says.
She then began medical treatment for her injuries five months later and was put on light duty for six months in April 2004, the suit says. She was able to return to light duty in April 2006 after having to take time off due to pain from the injuries and doctor orders, the suit says.
On April 16, 2006, Fitzpatrick provided Defendant with a form from her physician stating that she has a severe limitation of functional capacity, that she is permanently incapable of any kind of work, and totally and permanently disabled from gainful employment, the suit says.
On May 22, 2006, one of Fitzpatrick's doctor reported to the Florida Department of Management Services that she was not capable of maintaining employment due to Defendant’s harassment and bullying of her which caused her extreme stress that exacerbated her medical condition and created new medical conditions, including but not limited to major anxiety disorder, the suit says.
In 2007, Fitzpatrick's civil suit against Defendant based on its denial of her benefits under Chapter 440, F.S. was settled with money paid. Then she was terminated in January.
Fitzpatrick seeks equitable relief, attorney's fee's and cost of suit. Fitzpatrick is represented Marie A. Mattox.
Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County filing number 135787138