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Sex offender sues ECSO over 'defamatory' billboard calling him sexual predator

  • 03 Oct 2017 12:44 PM
    Message # 5293105
    John (Administrator)

    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.


    “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.”

    Complaint to ECSO

    "(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.


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