Filing # 109304307 E-Filed 06/24/2020 12:33:05 AM

IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR MIAMI - DADE COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

Case No.: ________________

DANIEL SAMARIA,

Plaintiff,
vs.

VILLAGE OF BISCAYNE PARK, a Florida

Municipal Corporation, TRACY TRUPPMAN,
KRISHAN MANNERS, and REBECCA
RODRIGUEZ,

Defendants.
_________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, DANIEL SAMARIA (“Samaria”), by and through undersigned counsel, hereby

files this Complaint against Defendants, VILLAGE OF BISCAYNE PARK (“Village”), a

Florida incorporated municipality, TRACY TRUPPMAN (“Truppman”), KRISHAN

MANNERS (“Manners”), and REBECCA RODRIGUEZ (“Rodriguez”) (collectively all

defendants are referred to herein as “Defendants”), and states as follows:

INTRODUCTION

This lawsuit is a case where a hard-working man of the people, Biscayne Park Village

Commissioner Samaria, who was duly elected to that position in a grass roots campaign, based his

election platform on opposition to special interests.

In an unprecedented and outrageous series of illegal actions, the then Village Manager, the

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Village Attorney, the Mayor and her political allies engaged in a conspiracy to have Village

Commissioner Samaria removed from office. They used their color of title to conspire with others,

including Commissioner Samaria’s bank and mortgage company to try and expedite a foreclosure

on his residence so that he would lose his legal residency to serve the Village of Biscayne Park in

his official capacity.

Defendants pursued their illegal actions deliberately with the knowledge that Plaintiff was

being treated for cancer, and engaged in acts unprecedented in the annals of federal and state

politics to destroy Commissioner Samaria’s career. They intentionally continued inflicting

emotional damages on him while he was about to undergo life-saving surgery and at risk to his

home.

JURISDICTION, VENUE, AND THE PARTIES

1. This is an action for damages in excess of thirty thousand dollars ($30,000.00)

exclusive of prejudgment interest, attorneys’ fees and costs, for which this Court has jurisdiction.

2. This Court has jurisdiction over the Defendants and venue is appropriate in this

County because each defendant is situated or resides in Miami-Dade County, Florida, and because

this County is where the causes of action accrued and the wrongful acts took place.

3. Plaintiff, Samaria, was at all times material a resident and a newly-elected

Commissioner of the Village of Biscayne Park, Florida, a municipality enacted under the laws of

the State of Florida.

4. Defendant, Truppman, is the former Mayor for the Village of Biscayne Park.

5. Defendant, Manners, is the former Village Manager for the Village of Biscayne

Park.

6. Defendant, Rodriguez, is a former Village Attorney for the Village of Biscayne

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Park.

BACKGROUND ALLEGATIONS

7. At all times material, Plaintiff Samaria made it clear that he was not part of the

Biscayne Park Mayor’s close circle of political allies, and that he was going to be an honest Village

Commissioner of Biscayne Park. He raised concerns about the competency and integrity of the

Village Manager, the staff, and the Village Attorney.

8. Village Commissioners Truppman, William Tudor (“Tudor”) and Jenny Johnson-

Sardella (“Johnson-Sardella”) all ran together as a political block and were elected in November,

2016.

9. One month later, Truppman was designated the Mayor under the Village Charter.

10. Truppman, Tudor and Johnson-Sardella worked together to create a toxic work

environment towards the former Village Manager which led to her resignation after just six (6)

months. Truppman herself submitted an application for the Village Manager’s position, but it was

summarily rejected due to her having no municipal government or related work experience. Tracy

Truppman then attempted to amend the Charter to funnel more power and control away from the

Manager and to the Mayor’s position. This attempt failed to gain majority support from both the

community and commission. The other two commissioners elected along with Truppman were

subservient to her wishes. Truppman then seized this opportunity to conduct herself in the role of

a “strong Mayor” in violation of the Village Charter.

11. Ultimately, Truppman sought to bring in a Village Manager named Krishan

Manners to do the bidding of herself and other allies on the Village Commission.

12. Manners had virtually no municipal government experience and allowed his

activities to be improperly influenced and directed by Truppman in violation of the Village

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Charter.

13. On or about March 2019, an investigation was opened by the Miami-Dade Ethics

Commission centering on alleged abuses of power and other misconduct from Truppman and the

Village Commission. Some months later, the State Attorney’s Office also opened a similar

investigation.

14. Truppman then orchestrated the appointment of Rebecca Rodriguez (who also

lacked municipal government experience and had only been practicing law for six years).

15. Legal fees were then needlessly increased, with large blocks of time and taxpayer

money committed to personal billing entries with Truppman which was historically unusual with

all previous Mayors and Village Attorneys. This increased billing led to a promotion of Rodriguez

at her law firm.

16. After being elected to the Village Commission, Samaria began to question the legal

billings from Rodriguez, as well as the competency of Manners for not reviewing or questioning

the ever-escalating legal bills.

17. Commissioner Samaria challenged the alleged improper actions of the Mayor,

Manners as Village Manager, and Rodriguez.

18. During 2019, knowing that Samaria was diagnosed with cancer and had begun

cancer treatments, Defendants began communicating with his bank and mortgage company to

assist in getting them to expedite a foreclosure on his home in order to assist them in fabricating a

claim that Samaria was no longer a resident and thus was disqualified to serve as Village

Commissioner.

19. Late in 2019, Truppman allies, Commissioners Betsy Wise and Johnson-Sardella,

both resigned from the Commission before their terms were up, forcing a special election. This

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action removed Truppman’s majority hold and control over the Commission.

20. On January 3, 2020, a letter was sent to Plaintiff from Rodriguez. The thrust of this

letter was to question Samaria’s resident status dating back to 2018 and to potentially use this as a

method of disqualifying him from further holding the office.

21. On January 7, 2020, two new Village Commissioners were elected to complete the

terms from Truppman’s departed allies, who like Samaria were critics of Truppman.

22. On January 9, 2020, Village attorney Rodriguez filed a case on behalf of the Village

against Commissioner Samaria for declaratory relief.

23. Truppman did not attend the January Commission meeting, and instructed to cancel

the meeting and refuse to swear the two new Commissioners into office. They were later sworn in

on January 16, 2020.

24. On January 30, 2020, the lawsuit Rodriguez issued against Samaria was dismissed

by the judge stating it was “not ripe.” Due to her failure to remove Samaria from office, Truppman

herself resigned just hours before the scheduled February Commission meeting.

25. The exorbitant legal billings of Rodriguez showed an inordinate amount of the

billings were for direct communications with the Mayor, Truppman.

26. At this point, Truppman, Manners, and Rodriguez realized that the jig was up and

hatched a conspiracy to get rid of Samaria through any means possible.

27. Getting rid of Samaria would deprive the newly-elected Village Commission of the

votes needed to fire Manners and Rodriguez, and also to prevent the Mayor from further abusing

her power.

28. Despite the fact that the Village Charter of Biscayne Park requires a vote of the

Commission to initiate investigations and lawsuits, Truppman, Manners, and Rodriguez engaged

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in a conspiracy to orchestrate Samaria’s ouster.

29. In addition to violating the Village Charter, the Mayor, Manners, and Rodriguez

orchestrated violations of the Florida Sunshine Law, Chapter 119 and Florida Public Records Act,

by facilitating private communications and secret meetings, all in an effort to illegally use tax

payer’s funds in order to get rid of Commissioner Samaria.

30. During 2019, the Defendants began interfering in Samaria’s relationship with his

financial institutions in order to expedite his foreclosure as part of their conspiracy.

31. Among other things, the Mayor, her allies on the Village Commission, Manners,

and Rodriguez illegally used tax payer dollars to investigate Samaria and file frivolous lawsuits

falsely alleging that he was no longer a resident of the Village and seeking to oust him.

32. They also improperly used the police power of the Village to investigate his

residency and engage in a campaign to publicly slander him and destroy his reputation with these

accusations that they knew to be false.

33. Defendants secretively rushed to court in order to obtain a Court Order removing

Samaria from the Village Commission for the purpose of regaining control over the Village

government.

34. All conditions precedent have been met, waived or otherwise excused.

35. Plaintiff is entitled to his reasonable attorneys’ fees and costs pursuant to the

Village Charter and the Village Code and pursuant to the applicable law.

36. The Plaintiff’s attorneys have incurred attorneys’ fees and costs and are entitled to

the recovery of their reasonable attorneys’ fees and costs.

COUNT I

CIVIL CONSPIRACY
(AGAINST ALL DEFENDANTS)

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 37. Plaintiff adopts and re-alleges Paragraphs 1 through 36 above as if fully set forth

herein.

38. The Defendants acting under color of title got together to violate the Village

Charter, the Village Code, the Florida Sunshine and Public Records Act, as well as engaging in

other illegal and tortious conduct.

39. These improper and illegal acts were done in concert with the express purpose of

committing the act of improperly removing a duly elected official from public office to preserve

power and to enrich themselves.

40. As a direct and proximate result of their actions, the Plaintiff suffered damages.

WHEREFORE, Plaintiff demands damages against the Defendants, and any other relief

the Court deems just and proper including an award of attorneys’ fees and costs.

COUNT II

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(AGAINST ALL INDIVIDUAL DEFENDANTS)

41. Plaintiff adopts and re-alleges Paragraphs 1 through 40 above as if fully set forth

herein.

42. Defendants Truppman, Manners, and Rodriguez engaged in outrageous conduct.

43. Said defendants’ conduct was intended to inflict harm on the Plaintiff.

44. As a result of each aforesaid Defendant’s outrageous conduct, the Plaintiff has

suffered both severe and emotional distress.

45. At all times material, each of said Defendants acted in bad faith, with malicious

purpose and in a manner exhibiting wanton and reckless disregard of Plaintiff’s human rights,

safety and property.

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 46. Such conduct was so outrageous in character, and so extreme in degree, as to go

beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a

civilized community.

47. As a direct and proximate result of said acts, as alleged herein, the Plaintiff suffered

injury, which resulted in the pain and suffering, mental anguish, loss of capacity for enjoyment of

life, inconvenience, care and treatment, loss of earnings, and loss of the ability to earn money in

the future. The losses are either permanent or continuing in nature and Plaintiff will suffer said

losses in the future.

WHEREFORE, Plaintiff demands damages against the Defendants, and any other relief

the Court deems just and proper including an award of attorneys’ fees and costs.

JURY TRIAL DEMAND

Plaintiff respectfully demands a jury trial as to all counts so triable by law.

Dated on this June 23, 2020.

Respectfully submitted,

MICHAEL A. PIZZI, JR. P.A.

Attorneys for Plaintiff
6625 Miami Lakes Drive East, Suite 316
Miami Lakes, Florida 33014
Tel: 305-986-2277
Fax: 305.777.3802
E-Mail: mpizzi@pizzilaw.com

By: S/ Michael A. Pizzi, Jr.

MICHAEL A. PIZZI, JR.
Florida Bar No. 079545

and

LAW OFFICES OF DOUGLAS J. JEFFREY, P.A.

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Attorneys for Plaintiff
6625 Miami Lakes Drive East, Suite 365
Miami Lakes, Florida 33014
Telephone: (305) 828-4744
Facsímile: (305) 828-4718
Email: dj@jeffreylawfirm.com

By: s/ Douglas J. Jeffrey, Esq.

DOUGLAS J. JEFFREY
Florida Bar No.: 149527