Sex offender sues ECSO over ‘defamatory’ billboard calling him sexual predator
LOVE IT!!!
An inmate is suing the Escambia County Sheriff’s Office, claiming one of its billboards mislabeled him as a sexual predator, instead of a sex offender.
The lawsuit was initially filed in Escambia County court in September 2016, but a summons was sent to both the ECSO and Sheriff David Morgan on Thursday. The suit also names Escambia County and the city of Pensacola as defendants, and according to court documents, summons were sent to both parties last month.
In his complaint, Kenneth Cobb claims the sexual predator designation, which is a higher level than sex offender, was “false and defamatory.” He claims the billboard went up some time in 2014.
“(The defendants) published a billboard on Fairfield and Mobile Highway which was public venue that was viewed or had the ability to be viewed by the residents of Escambia County, at the least, and by the residents of the state of Florida, at most,” the complaint claims. “Cobb had not been designated as a sexual predator by any court in the state of Florida and thus, did not qualify as a sexual predator.”
Cobb pleaded no contest to felony battery and kidnapping-false imprisonment in 2008, which led to his sexual offender designation. He was sentenced to two concurrent 90-day sentences, followed by 18 months of probation. He violated probation in 2009, and served prison time until 2012.
He was sentenced to further prison time after failing to register as a sex offender in 2012, 2013 and 2014. He now is serving a seven-year sentence at the Bay Correctional Facility for the three counts and has been in prison since October 2014.
The civil lawsuit claims the billboard went up before Cobb’s arrest in 2014, though it doesn’t outline the nature or wording on the sign.
An ECSO spokesman said Friday the agency does not comment on pending litigation.
According to the Florida Department of Law Enforcement’s website, a sexual predator is defined as a person who is convicted of a sexually violent offense and has a written court order designating the individual a sexual predator. It could also include someone civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act, the website states.
Sexual predators are required to report to law enforcement more frequently than sex offenders, and while some sex offenders can petition the court for removal of that designation, sexual predators cannot.
Cobb claims in his lawsuit that being labeled a sexual predator on the billboard “tended to injure Cobb in his trade or profession and tended to subject Cobb to hatred, distrust, ridicule, contempt and disgrace.”
Cobb is seeking damages, but the complaint document doesn’t outline a monetary figure. He also has requested a jury trial, his court costs and any further relief the court decides upon.
Escambia County attorney Alison P. Rogers said the county is reviewing the lawsuit.
“This issue would not appear to be one having (Board of County Commissioner) involvement, but we will certainly review the lawsuit and may have additional comment at that time,” she said in a statement Friday.
A representative from the city of Pensacola did not respond to a request for comment on Friday.
Being a sexual predator does not always mean sexually violent it also can be having 2 15 year old victims as I know this as is my case also it was a forced part of the plea deal
In my case. At the time of my crime 1999 and subsequent plea in 2004 , yes I said 2004 as the law violated my constitutional rights in my arrest I could re approach the courts to get this designation removed. Again more EX POST FACTO LAWS have been made
What would be nice is to see some attorneys that don’t fear public scrutiny to stand up for all the wrong doings of the law makers
Odd on the timing. My only contact with the fed govt was literally 3 mailed letters and two appearances. Happened in 1996 finally an end to it in 1999. Never saw the inside of a jail…. until i came to florida. My originating state i had not a single problem. Succesful career ability to volunteer . The feds helped out as far as they could. Didnt even qualify as a level one until they retroactively imposed the level system with no provision for my type of federal case. there was 1 count of conspiracy of transmission (no special circumstances which means not under 13) as i was the owner of the account i rented out to people (1996 i was the only dude with dialup )which was proved that the sender of 130 plus images wasnt me. Probation no prob and didnt even need a lawyer. then the laws started coming and ive been caught up ever since in some sweeping change or retro decision. All was good until florida absolutely ruined my life 20 years later….. how is this fair??? Was accused of failure to register but they dropped (actually filed no info so i wasnt even charged) the charges thanks to some meticulous recordkeeping (and the fact the original charge couldnt be translated to a florida statute)on my part but the damage was done as you cant get off this list. How it that any way fair…..
Woo hoo! Billboards? Seriously? Are they even allowed to do that? Would they have to have a special ordinance to allow them to go beyond the AWA (or whatever) notification stuff?
The discretion is with the Sheriff’s office. They can pick the means of notification.
Good! I will hope and pray this kind of horrid public ridicule can begin to stop in Florida. This cannot continue for much longer, my husband and I are in total disbelief every day that it does. May Pam Bondi and Rick Scott be gone next year PLEASE!!
This public shaming shit has got to stop. This is something that children would do which I suppose IS the mentality of the vast majority those of those in law enforcement.
Pathetic
Does anyone know how this Registered Citizen obtained his lawyer? Or who the lawyer is? I’m coming up empty in everything I read.
He filed PRO SE, meaning he is representing himself.
a copy of his complaint will be posted above.
If anyone wants to wish him luck or offer support:
Kenneth L. Cobb
D.C.# 218876
Bay Correctional Facility
5400 Bayline Drive
Panama City, FL 32404