# Santiago v. Florida Department of Corrections

> District Court, M.D. Florida · September 6, 2022

URL: https://www.frixlaw.com/law-library/cases/10110843

## Case

- **Court:** District Court, M.D. Florida
- **Decided:** September 6, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

HEATHER SANTIAGO,

Plaintiff,

vs. Case No. 3:21-cv-886-MMH-MCR

MARK S. INCH, in his individual
capacity, et al.,

Defendants.
/

O R D E R

THIS CAUSE is before the Court on Defendants Mark S. Inch, Shawn
Swain, and Jim Godwin’s Motion to Dismiss Plaintiff’s Second Amended
Complaint and Incorporated Memorandum of Law (Doc. 33; Motion), filed
February 25, 2022. In the Motion, Inch, Swain, and Godwin (collectively, the
DOC Defendants) seek dismissal of Counts I, II, III, and IV of Plaintiff Heather
Santiago’s Second Amended Complaint (Doc. 29; Second Amended Complaint),
filed January 31, 2022. Santiago timely filed a response in opposition to the
Motion. See Plaintiff’s Response to Defendants Mark S. Inch, Shawn Swain
and Jim Godwin’s Motion to Dismiss Plaintiff’s Second Amended Complaint and
Incorporated Memorandum of Law (Doc. 34; Response), filed March 10, 2021.
Accordingly, this matter is ripe for review.
I. Legal Standard
In ruling on a motion to dismiss, the Court must accept the factual

allegations set forth in the complaint as true. See Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508 n.1 (2002); see
also Lotierzo v. Woman’s World Med. Ctr., Inc., 278 F.3d 1180, 1182 (11th Cir.
2002). In addition, all reasonable inferences should be drawn in favor of the

plaintiff. See Randall v. Scott, 610 F.3d 701, 705 (11th Cir. 2010). Nonetheless,
the plaintiff must still meet some minimal pleading requirements. Jackson v.
Bellsouth Telecomm., 372 F.3d 1250, 1262–63 (11th Cir. 2004) (citations
omitted). Indeed, while “[s]pecific facts are not necessary,” the complaint

should “‘give the defendant fair notice of what the . . . claim is and the grounds
upon which it rests.’” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam)
(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Further,
the plaintiff must allege “enough facts to state a claim to relief that is plausible

on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when
the pleaded factual content allows the court to draw the reasonable inference
that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678
(citing Twombly, 550 U.S. at 556). The “plaintiff’s obligation to provide the

grounds of his entitlement to relief requires more than labels and conclusions,
and a formulaic recitation of the elements of a cause of action will not do.”
Twombly, 550 U.S. at 555 (internal quotations omitted); see also Jackson, 372
F.3d at 1262 (explaining that “conclusory allegations, unwarranted deductions
of facts or legal conclusions masquerading as facts will not prevent dismissal”)

(internal citation and quotations omitted). Indeed, “the tenet that a court must
accept as true all of the allegations contained in a complaint is inapplicable to
legal conclusions,” which simply “are not entitled to [an] assumption of truth.”
Iqbal, 556 U.S. at 678, 680. Thus, in ruling on a motion to dismiss, the Court

must determine whether the complaint contains “sufficient factual matter,
accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id. at
678 (quoting Twombly, 550 U.S. at 570).
II. Background1

This case arises from events that occurred on September 3, 2017, during
a visit by Santiago and her daughter to the Reception and Medical Center
(RMC) operated by the Florida Department of Corrections (DOC). See Second
Amended Complaint ¶ 15. While Santiago was at RMC, Swain and Godwin,

both correctional officers, had Santiago removed from the visitation area and
escorted to the parking lot. Id. According to Santiago, Swain and Godwin told

1 In considering the Motion, the Court must accept all factual allegations in the Second
Amended Complaint as true, consider the allegations in the light most favorable to Santiago,
and accept all reasonable inferences that can be drawn from such allegations. Hill v. White,
321 F.3d 1334, 1335 (11th Cir. 2003); Jackson v. Okaloosa County, 21 F.3d 1531, 1534 (11th
Cir. 1994). As such, the facts recited here are drawn from the Second Amended Complaint
and may well differ from those that ultimately can be proved. Because this matter is before
the Court on the Motion filed by the DOC Defendants, the Court focuses its discussion on the
claims and facts relative to those Defendants.
her that Godwin’s canine had “alerted on her vehicle for the presence of
narcotics.” Id. ¶ 16. Santiago alleges that Godwin asked for consent to search

the vehicle and that she refused. Id. ¶ 17. Santiago asserts that Swain and
Godwin then told her that “they would get a warrant so she should consent to
the search of the vehicle because they were going to search it anyway.” Id. ¶
18. In response to that statement, Santiago acquiesced to the search. Id. ¶ 19.

In the trunk of Santiago’s vehicle, Godwin found a small change purse that
contained synthetic marijuana. Id. ¶¶ 19–21. Santiago maintains that Godwin
contacted a local sheriff’s deputy, Defendant Phillip Sellers, who went to RMC
and arrested Santiago for possessing synthetic narcotics and smuggling

contraband into a prison. Id. ¶ 29. Santiago alleges that, during the subsequent
criminal case, the state attorney’s office disclosed that “there were
‘irregularities’ in the training of the canine handlers and in relation to the
‘investigation, evidence, recordkeeping, and search and seizure’ in Heather

Santiago’s case.” Id. ¶ 34. According to Santiago, the state attorney’s office also
turned over information from the DOC’s Office of Inspector General, which
stated that correctional officers with canines are not law enforcement officers
and lack authority to arrest or transfer probable cause to law enforcement

officers. Id. ¶ 33. The state attorney’s office dismissed the criminal charges
against Santiago on December 29, 2018. Id. ¶ 36.
Based on these and other allegations, Santiago initiated this action on
September 3, 2021, by filing her Complaint (Doc. 1; Original Complaint). In the

Original Complaint, Santiago sought an award of damages under 42 U.S.C. §
1983 against Swain, Godwin, Sellers, and the DOC. See generally id. The DOC
moved to dismiss, arguing that, under the Eleventh Amendment to the U.S.
Constitution, it is immune from a suit for damages. See generally Defendant

Florida Department of Corrections’ Motion to Dismiss Counts I and II of
Plaintiff’s Complaint and Incorporated Memorandum of Law (Doc. 5), filed
October 28, 2021. In response to that motion to dismiss, Santiago filed her
Amended Complaint (Doc. 10; First Amended Complaint) on November 11,

2021. In the First Amended Complaint, instead of naming the DOC itself as a
defendant, Santiago sued Mark S. Inch in his official capacity as secretary of
the DOC. See id. ¶ 11. The DOC Defendants then filed another motion to
dismiss, asserting that the Eleventh Amendment barred the claims for damages

against Inch in his official capacity. See Defendants Mark S. Inch, Shawn
Swain, and Jim Godwin’s Motion to Dismiss Plaintiff’s Amended Complaint and
Incorporated Memorandum of Law (Doc. 25) at 5, filed January 4, 2022. In the
Second Amended Complaint, Santiago chose no longer to sue Inch in his official

capacity and instead sued him “in his individual capacity.” Second Amended
Complaint ¶ 7.
In Count I of the Second Amended Complaint, Santiago contends that
Inch failed to train and supervise his employees in violation of § 1983. See id.

¶¶ 37–43. In relevant part, Santiago alleges,
Plaintiffs are informed and believe, and thereupon allege, that
prior to the incident alleged herein, defendant, INCH facilitated,
permitted, ratified and condoned similar acts and was deliberately
indifferent to the plaintiff in particular. Said defendants knew, or
should have reasonably known, of this practice, pattern or policy
of constitutional violations, and additionally, of the existence of
facts and situations which created the potential of
unconstitutional acts, and had a duty to instruct, train, supervise
and discipline their subordinates to prevent similar acts to other
persons, but failed to do so.

Id. ¶ 41. In Count II, Santiago asserts a similar claim against Inch, alleging
that he deprived her of her rights by
a. Selecting, retaining, and assigning officers to their prison who
exhibit deliberate indifference and reckless disregard for the
constitutional and statutory rights for visitors of the prison;
b. Failing to adequately train, supervise, and control officers to not
overstep their roles as corrections officers[;]
c. Failing to adequately discipline officers involved in misconduct[;]
d. Condoning and encouraging officers in the belief that they can
violate the rights of persons such as the plaintiff in this action with
impunity, and that such conduct will not adversely affect their
opportunities for promotion and other employment benefits[; and]
e. Failing to train corrections officers in understanding they do not
have law enforcement authority to detain or arrest visitors at the
jail and authority [to] transfer probable cause.

Id. ¶ 47; see also id. ¶¶ 11–12 (similar). In Count III, Santiago maintains that
Swain deprived her of her Fourth, Fifth, and Fourteenth Amendment rights in
violation of § 1983. See id. ¶¶ 51–58. Specifically, Santiago alleges that Swain
violated her right to be free from unreasonable searches and seizures:

a. By having plaintiff and her minor daughter unlawfully seized
and pulled out of visitation to be escorted to the parking lot;
b. Then unlawfully searching Plaintiff[’s] vehicle by using the
unlawful threat of law enforcement authority;
c. Unlawfully seizing Plaintiff’s vehicle and searching Plaintiff’s
vehicle;
d. Unlawfully using a K-9 to establish probable cause to unlawfully
search a vehicle when the K-9 and its handler do not possess the
proper training or law enforcement certification nor authority to
establish probable cause[; and]
e. Unlawfully detaining the Plaintiff when the Defendant does not
have any law enforcement authority to detain or arrest.

Id. ¶ 54. In Count IV, Santiago asserts a similar § 1983 claim against Godwin
based on nearly identical allegations. See id. ¶¶ 59–66. And, in Counts V and
VI, Santiago alleges claims against Sellers. See id. ¶¶ 67–86. In the Motion,
the DOC Defendants move to dismiss Counts I through IV. See Motion at 1.
III. Discussion
Having reviewed the filings and the applicable law, the Court finds that
the Motion is due to be granted, in part, and denied, in part. For the reasons
discussed below, the Court will grant the Motion as to the claims asserted
against Inch but will deny the Motion as to the claims asserted against Swain
and Godwin.
A. Counts I–II: Claims Against Inch
In Counts I and II of the Second Amended Complaint, Santiago asserts

that Inch is liable under 42 U.S.C. § 1983 for actions that he allegedly took as
the head of the DOC. See Second Amended Complaint ¶¶ 41, 47. In the Motion,
the DOC Defendants argue that Counts I and II should be dismissed because
Santiago’s allegations are too conclusory to state plausible causes of action. See

Motion at 5–7. In addition, the DOC Defendants contend that Inch is entitled
to qualified immunity because Santiago has failed to plausibly allege that he
violated one of her clearly established constitutional rights. See id. at 7–10. In
a footnote, the DOC Defendants note that Inch could not have caused the

alleged violations of Santiago’s rights in 2017 because the DOC did not employ
Inch until 2019. See id. at 10 n.2. In her Response, Santiago acknowledges that
Inch was not the secretary of the DOC at the time of her alleged injuries. See
Response at 6 (“[A]t the time the incident occurred there was another Secretary

of the Florida Department of Corrections. Plaintiff named the appropriate
Secretary of the Florida Department of Corrections at the time the initial
Complaint was filed which was Mark S. Inch.”). Regardless, she somewhat
remarkably argues that she has adequately pled that Inch implemented policies

“that allowed Corrections Officers to use uncertified K-9’s to conduct unlawful
searches as if they had law enforcement authority” and “that allowed
corrections officers to search civilians as if they were law enforcement officers.”
Id. at 6–7.

As to the individual liability of a supervisor under § 1983, the Eleventh
Circuit has stated:
“Supervisory officials are not liable under section 1983 on
the basis of respondeat superior or vicarious liability.” Belcher v.
City of Foley, Ala., 30 F.3d 1390, 1396 (11th Cir. 1994) (internal
quotation marks and citation omitted). “The standard by which a
supervisor is held liable in her individual capacity for the actions
of a subordinate is extremely rigorous.” Gonzalez [v. Reno, 325
F.3d 1228, 1234 (11th Cir. 2003)] (internal quotation marks and
citation omitted). “Supervisory liability occurs either when the
supervisor personally participates in the alleged constitutional
violation or when there is a causal connection between actions of
the supervising official and the alleged constitutional deprivation.”
Brown v. Crawford, 906 F.2d 667, 671 (11th Cir. 1990).

“The necessary causal connection can be established ‘when a
history of widespread abuse puts the responsible supervisor on
notice of the need to correct the alleged deprivation, and he fails to
do so.’” Cottone [v. Jenne, 326 F.3d 1352, 1360 (11th Cir. 2003)]
(citation omitted). “The deprivations that constitute widespread
abuse sufficient to notify the supervising official must be obvious,
flagrant, rampant and of continued duration, rather than isolated
occurrences.” Brown, 906 F.2d at 671. A plaintiff can also
establish the necessary causal connection by showing “facts which
support an inference that the supervisor directed the subordinates
to act unlawfully or knew that the subordinates would act
unlawfully and failed to stop them from doing so,” Gonzalez, 325
F.3d at 1235, or that a supervisor’s “custom or policy . . . resulted
in deliberate indifference to constitutional rights,” Rivas v.
Freeman, 940 F.2d 1491, 1495 (11th Cir. 1991).

Danley v. Allen, 540 F.3d 1298, 1314 (11th Cir. 2008), overruled on other
grounds as recognized by Randall, 610 F.3d at 709 (rejecting the application of
a heightened pleading standard for § 1983 cases involving qualified immunity);
see also Keith v. DeKalb County, 749 F.3d 1034, 1047–48 (11th Cir. 2014). In

sum,
To state a claim against a supervisory defendant, the plaintiff
must allege (1) the supervisor’s personal involvement in the
violation of his constitutional rights,[2] (2) the existence of a
custom or policy that resulted in deliberate indifference to the
plaintiff’s constitutional rights,[3] (3) facts supporting an inference
that the supervisor directed the unlawful action or knowingly
failed to prevent it,[4] or (4) a history of widespread abuse that put
the supervisor on notice of an alleged deprivation that he then
failed to correct. See [West v. Tillman, 496 F.3d 1321, 1328–29
(11th Cir. 2007)] (listing factors in context of summary judgment).
A supervisor cannot be held liable under § 1983 for mere
negligence in the training or supervision of his employees.
Greason v. Kemp, 891 F.2d 829, 836–37 (11th Cir. 1990).

Barr v. Gee, 437 F. App’x 865, 875 (11th Cir. 2011) (per curiam).5

2 See Goebert v. Lee County, 510 F.3d 1312, 1327 (11th Cir. 2007) (“Causation, of
course, can be shown by personal participation in the constitutional violation.”).

3 See Goebert, 510 F.3d at 1332 (“Our decisions establish that supervisory liability for
deliberate indifference based on the implementation of a facially constitutional policy requires
the plaintiff to show that the defendant had actual or constructive notice of a flagrant,
persistent pattern of violations.”).

4 See Douglas v. Yates, 535 F.3d 1316, 1322 (11th Cir. 2008) (“Douglas’s complaint
alleges that his family informed [Assistant Warden] Yates of ongoing misconduct by Yates’s
subordinates and Yates failed to stop the misconduct. These allegations allow a reasonable
inference that Yates knew that the subordinates would continue to engage in unconstitutional
misconduct but failed to stop them from doing so.”).

5 The Court does not rely on unpublished opinions as binding precedent; however, they
may be cited in this Order when the Court finds them persuasive on a particular point. See
McNamara v. GEICO, 30 F.4th 1055, 1060–61 (11th Cir. 2022); see generally Fed. R. App. P.
32.1; 11th Cir. R. 36–2 (“Unpublished opinions are not considered binding precedent, but they
may be cited as persuasive authority.”).
Here, in the Second Amended Complaint, Santiago does not allege that
Inch personally participated in the violation of her rights, and she has not

plausibly pled that there is a causal connection between Inch’s actions and the
constitutional violation. See Second Amended Complaint ¶¶ 11–12, 41, 47.
Santiago’s allegations amount to nothing more than “labels and conclusions”
that the Court need not accept as true. Twombly, 550 U.S. at 555; see also

Smith v. Owens, 625 F. App’x 924, 927 (11th Cir. 2015) (per curiam)
(“[A]lthough a plaintiff may establish a causal connection by alleging that a
supervisor’s improper custom resulted in deliberate indifference, Plaintiff
alleged no facts, only conclusory allegations, to show that Owens, Toole, Paul,

and Fowler established such improper customs.”). In addition, Santiago’s
allegations concerning Inch’s actions in 2017 are implausible because, as she
herself admits, Inch was not employed by the DOC until 2019.6 See Motion at

6 Given this acknowledgement, the Court will take judicial notice of this fact pursuant
to Rule 201(b)(2) of the Federal Rules of Evidence. See Shahar v. Bowers, 120 F.3d 211, 214
(11th Cir. 1997) (en banc) (per curiam) (discussing “the kinds of things about which courts
ordinarily take judicial notice,” including “matters of political history: for instance, who was
president in 1958” and facts such as whether a public official “issued a particular official
opinion on a certain date”); La Grasta v. First Union Sec., Inc., 358 F.3d 840, 842 (11th Cir.
2004) (taking judicial notice of stock prices while reviewing the dismissal of a complaint);
Chapman v. Abbott Labs., 930 F. Supp. 2d 1321, 1323 (M.D. Fla. 2013) (“A court need not
accept as true allegations in a complaint that contradict or are inconsistent with judicially-
noticed facts.”).
In citing to Chapman, the Court notes that although decisions of other district courts
are not binding, they may be cited as persuasive authority. See Stone v. First Union Corp.,
371 F.3d 1305, 1310 (11th Cir. 2004) (noting that, “[a]lthough a district court would not be
bound to follow any other district court’s determination, the decision would have significant
persuasive effects”).
10 n.2; Response at 6. Thus, Santiago’s allegations are not merely implausible
but, in fact, impossible.7 Because Inch could not have personally participated

in or caused the alleged constitutional violations, the Court will dismiss Counts
I and II.
B. Counts III–IV: Claims Against Swain and Godwin
In Counts III and IV, Santiago asserts that Swain and Godwin,

respectively, are liable under § 1983 for conducting an unreasonable search of
her vehicle and unlawfully arresting her in violation of her Fourth and
Fourteenth Amendment rights. See Second Amended Complaint ¶¶ 54, 62. The
DOC Defendants argue that these claims should be dismissed because Swain

and Godwin are immune from suit under the doctrine of qualified immunity.
See Motion at 10–14. They contend that Swain and Godwin are entitled to
qualified immunity because Santiago has failed to plausibly allege that Swain
and Godwin violated her clearly established constitutional rights. See id. at

13–14. According to the DOC Defendants, Swain and Godwin did not violate
Santiago’s clearly established rights when they searched her vehicle because

7 It appears that in drafting the Second Amended Complaint, counsel failed to consider
the legal implications of suing the DOC and Inch in his official capacity versus suing Inch in
his individual capacity. Notably, the substance of Santiago's allegations against the DOC and
Inch did not change at all. See Original Complaint ¶¶ 11, 41, 47; First Amended Complaint
¶¶ 11, 41, 47; Second Amended Complaint ¶¶ 11, 41, 47. The Court questions whether the
Second Amended Complaint truly comports with the requirements of Rule 11 and cautions
counsel to exercise greater care in future pleadings.
they had arguable probable cause to conduct the search after Godwin’s canine
detected the presence of narcotics. See id. at 13–14.8 In her Response, Santiago

argues that Swain and Godwin are not entitled to qualified immunity because
they violated her clearly established constitutional rights by searching her
vehicle and arresting her when they lacked the law enforcement authority to
conduct searches and make arrests. See Response at 11. Santiago also

generally asserts that “Swain and Godwin conducted unlawful searches with
their uncertified K-9 dogs.” Id. at 12.
“In order to prevail on a civil rights action under § 1983, a plaintiff must
show that he or she was deprived of a federal right by a person acting under the

color of state law.” Griffin v. City of Opa-Locka, 261 F.3d 1295, 1303 (11th Cir.
2001). When facing such allegations, a defendant may assert the defense of
qualified immunity. The doctrine of “[q]ualified immunity protects from civil
liability government officials who perform discretionary functions if the conduct

of the officials does not violate ‘clearly established statutory or constitutional
rights of which a reasonable person would have known.’” Nolin v. Isbell, 207
F.3d 1253, 1255 (11th Cir. 2000) (quoting Harlow v. Fitzgerald, 457 U.S. 800,
818 (1982)). As a result, this defense protects from suit “all but the plainly

8 The DOC Defendants also urge the Court to dismiss Counts III and IV to the extent
that Santiago asserts violations of the Fifth Amendment. See Motion at 14–15. Santiago
represents that her mention of the Fifth Amendment was a scrivener’s error. See Response
at 13. Based on Santiago’s representation, the Court construes Counts III and IV as not
asserting any claims under the Fifth Amendment.
incompetent or those who knowingly violate the law.” Mullenix v. Luna, 577
U.S. 7, 12 (2015) (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)); Carr v.

Tatangelo, 338 F.3d 1259, 1266 (11th Cir. 2003). Indeed, as “‘government
officials are not required to err on the side of caution,’ qualified immunity is
appropriate in close cases where a reasonable officer could have believed that
his actions were lawful.” Lee v. Ferraro, 284 F.3d 1188, 1200 (11th Cir. 2002)

(quoting Marsh v. Butler County, 268 F.3d 1014, 1031 n.8 (11th Cir. 2001) (en
banc), abrogated on other grounds by Twombly, 550 U.S. 544).
To be entitled to qualified immunity, defendants bear the initial burden
of showing that their conduct was within the scope of their discretionary

authority. See id. at 1194; Webster v. Beary, 228 F. App’x 844, 848 (11th Cir.
2007). Here, Swain and Godwin represent that it is undisputed that, at all
times material to this case, they were acting within the scope of their
discretionary authority.9 See Motion at 12. Santiago does not contest this

representation. See Response at 9–13. Accordingly, the burden shifts to
Santiago to demonstrate that qualified immunity is not appropriate using the

9 “A government official acts within [his] discretionary authority if the actions were (1)
undertaken pursuant to the performance of [his] duties and (2) within the scope of [his]
authority.” Jones v. City of Atlanta, 192 F. App’x 894, 897 (11th Cir. 2006) (per curiam)
(quoting Lenz v. Winburn, 51 F.3d 1540, 1545 (11th Cir. 1995)). In applying this test, the
Court must “look to the general nature of the defendant’s action, temporarily putting aside
the fact that it may have been committed for an unconstitutional purpose, in an
unconstitutional manner, to an unconstitutional extent, or under constitutionally
inappropriate circumstances.” Est. of Cummings v. Davenport, 906 F.3d 934, 940 (11th Cir.
2018) (quoting Mikko v. City of Atlanta, 857 F.3d 1136, 1144 (11th Cir. 2017)). State law
establishes “the scope of a state official’s discretionary authority.” Id.
two-prong test established by the Supreme Court in Saucier v. Katz, 533 U.S.
194, 201 (2001), overruled in part by Pearson v. Callahan, 555 U.S. 223 (2009).

In accordance with Saucier, the Court must ask whether the facts viewed in the
light most favorable to the plaintiff “show the officer’s conduct violated a
constitutional right.” Id.; see also Hope v. Pelzer, 536 U.S. 730, 736 (2002);
Beshers v. Harrison, 495 F.3d 1260, 1265 (11th Cir. 2007) (quoting Scott v.

Harris, 550 U.S. 372, 377 (2007)). The Court must also ask whether the right
allegedly violated was clearly established at the time of the violation. Hope,
536 U.S. at 739; Saucier, 533 U.S. at 201; Scott, 550 U.S. at 377; Underwood v.
City of Bessemer, 11 F.4th 1317, 1328 (11th Cir. 2021) (“[W]e ask two questions:

(1) whether the facts that a plaintiff has alleged or shown make out a violation
of a constitutional right, and (2) if so, whether the right at issue was clearly
established at the time of the defendant’s alleged misconduct.”) (internal
quotations omitted). The Court may consider these questions in whichever

order it chooses, and qualified immunity will protect the defendant if the
answer to either question is “no.” Pearson, 555 U.S. at 232, 236;10 Underwood,
11 F.4th at 1328. As such, “[t]o deny qualified immunity at the motion to
dismiss stage, [the Court] must conclude both that the allegations in the

10 In Pearson, the Supreme Court modified the procedure mandated in Saucier
permitting trial judges the discretion to determine which prong of the qualified immunity
analysis should be resolved first. See Pearson, 555 U.S. at 236.
complaint, accepted as true, establish a constitutional violation and that the
constitutional violation was ‘clearly established.’” Sebastian v. Ortiz, 918 F.3d

1301, 1307 (11th Cir. 2019) (citing Keating v. City of Miami, 598 F.3d 753, 762
(11th Cir. 2010)).
1. Violation of Constitutional Right
The Court first considers whether Santiago has plausibly alleged that

Swain and Godwin violated her constitutional rights under the Fourth
Amendment. The Fourth Amendment protects individuals against
“unreasonable searches and seizures.” U.S. Const. amend. IV. The Eleventh
Circuit has instructed that “[t]he basic premise of search and seizure doctrine

is that searches undertaken without a warrant issued upon probable cause are
‘per se unreasonable under the Fourth Amendment—subject only to a few
specifically established and well-delineated exceptions.’” United States v.
Alexander, 835 F.2d 1406, 1408 (11th Cir. 1988) (quoting Katz v. United States,

389 U.S. 347, 357 (1967)). One of those “well-established exceptions” is the
automobile exception. Id. at 1408–09. Under this exception, “the search and
seizure of vehicles without a warrant is permissible when the police have
probable cause to believe a vehicle contains contraband.”11 United States v.

Virden, 488 F.3d 1317, 1321 (11th Cir. 2007); see Hearn v. Bd. of Pub. Educ.,

11 The vehicle must be “readily mobile (i.e., operational).” United States v. Tamari,
454 F.3d 1259, 1261 (11th Cir. 2006). The mobility of Santiago’s vehicle is not in dispute here.
191 F.3d 1329, 1333 (11th Cir. 1999). “Probable cause exists when there is ‘a
fair probability that contraband or evidence of a crime will be found.’” Virden,

488 F.3d at 1322 (quoting United States v. Sokolow, 490 U.S. 1, 7 (1989)).
Here, Swain and Godwin argue that they had probable cause to search
Santiago’s vehicle because their canine alerted to her vehicle. See Motion at
13–14. The Eleventh Circuit has “long recognized that ‘probable cause arises

when a drug-trained canine alerts to drugs.’” United States v. Tamari, 454 F.3d
1259, 1264–65 (11th Cir. 2006) (quoting United States v. Banks, 3 F.3d 399, 402
(11th Cir. 1993)); Hearn, 191 F.3d at 1333 (“Furthermore, the alerting of a drug-
sniffing dog to a person’s property supplies not only reasonable suspicion, but

probable cause to search that property.”). In Florida v. Harris, the Supreme
Court addressed which types of dogs can provide probable cause:
If a bona fide organization has certified a dog after testing his
reliability in a controlled setting, a court can presume (subject to
any conflicting evidence offered) that the dog’s alert provides
probable cause to search. The same is true, even in the absence of
formal certification, if the dog has recently and successfully
completed a training program that evaluated his proficiency in
locating drugs.

568 U.S. 237, 246–47 (2013); see also United States v. Sentovich, 677 F.2d 834,
838 n.8 (11th Cir. 1982) (endorsing the view that “training of a dog alone is
sufficient proof of reliability”); United States v. Nelson, 309 F. App’x 373, 375
(11th Cir. 2009) (per curiam) (“A dog sniff must be sufficiently reliable in order
to establish probable cause, and this reliability is generally present if the dog is
‘well-trained.’” (quoting Illinois v. Caballes, 543 U.S. 405 (2005))). In the Second
Amended Complaint, Santiago alleges that “the K-9 and its handler do not

possess the proper training or law enforcement certification.” Second Amended
Complaint ¶¶ 54, 62. Accepting this factual allegation as true and drawing all
reasonable inferences in favor of Santiago, the Court finds that this allegation
“allows the [C]ourt to draw the reasonable inference” that Swain and Godwin

are “liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. If, as alleged,
Godwin’s canine was not a “well-trained” drug-sniffing dog, the dog’s alert did
not provide probable cause to search Santiago’s vehicle.12 Nelson, 309 F. App’x
at 375. In the absence of probable cause or some other circumstance that

rendered the search reasonable,13 Swain and Godwin’s warrantless search
violated Santiago’s Fourth Amendment rights.
2. Clearly Established Right
The Court next considers whether it was clearly established that Santiago

had a right to be free from a warrantless search of her vehicle when the officer’s

12 Swain and Godwin also argue that the success of the search demonstrates its
reasonableness. See Motion at 14 (“Moreover, the presence of ‘arguable probable cause’ is
further supported by the fact that a subsequent search of the Plaintiff’s vehicle revealed two
cylindrical objects which contained 56.1 grams of synthetic marijuana.”). This argument is
unavailing. See Harris, 568 U.S. at 249 (“[W]e do not evaluate probable cause in hindsight,
based on what a search does or does not turn up.”).

13 Swain and Godwin, relying solely on their contention that they had probable cause,
do not argue that any other circumstance or Fourth Amendment doctrine justified the search.
See Motion at 13–14.
only asserted justification was an alert from a dog that was not properly
trained. The Supreme Court has instructed that in order

[f]or a constitutional right to be clearly established, its contours
“must be sufficiently clear that a reasonable official would
understand that what he is doing violates that right. This is not
to say that an official action is protected by qualified immunity
unless the very action in question has previously been held
unlawful, but it is to say that in the light of pre-existing law the
unlawfulness must be apparent.”

Hope, 536 U.S. at 739 (quoting Anderson v. Creighton, 483 U.S. 635, 640
(1987)). For purposes of this analysis the critical question is whether the state
of the law gave the government actor “fair warning” that his alleged treatment
of the plaintiff was unconstitutional. Vinyard v. Wilson, 311 F.3d 1340, 1350
(11th Cir. 2002) (quoting Hope, 536 U.S. at 741); see also Marsh, 268 F.3d at
1031 (“[F]air and clear notice to government officials is the cornerstone of
qualified immunity.”). The Eleventh Circuit has addressed a plaintiff’s burden
in establishing the existence of clearly established law:
Under this Court’s precedent, a right can be clearly established in
one of three ways. [A plaintiff] must point to either (1) “case law
with indistinguishable facts,” (2) “a broad statement of principle
within the Constitution, statute, or case law,” or (3) “conduct so
egregious that a constitutional right was clearly violated, even in
the total absence of case law.” Lewis [v. City of West Palm Beach,
561 F.3d 1288, 1291–92 (11th Cir. 2009)]. Although we have
recognized that options two and three can suffice, the Supreme
Court has warned us not to “define clearly established law at a
high level of generality.” Plumhoff v. Rickard, 572 U.S. 765, 779,
134 S. Ct. 2012, 188 L. Ed. 2d 1056 (2014) (quotation marks
omitted). For that reason, the second and third paths are rarely-
trod ones. See Gaines v. Wardynski, 871 F.3d 1203, 1209 (11th
Cir. 2017) (collecting cases). And when a plaintiff relies on a
“general rule[ ]” to show that the law is clearly established, it must
“appl[y] with obvious clarity to the circumstances.” Long v. Slaton,
508 F.3d 576, 584 (11th Cir. 2007) (quotation marks omitted;
emphasis added); see also Youmans v. Gagnon, 626 F.3d 557, 563
(11th Cir. 2010) (“[I]f a plaintiff relies on a general rule, it must be
obvious that the general rule applies to the specific situation in
question.”).

Crocker v. Beatty, 995 F.3d 1232, 1240 (11th Cir. 2021) (final three alterations
in original). Thus, where the words of the federal statute or federal
constitutional provision are specific enough “to establish clearly the law
applicable to particular conduct and circumstances,” then the plaintiff can
overcome the qualified immunity privilege, even in the absence of case law.
Vinyard, 311 F.3d at 1350. In this type of “obvious clarity” case, “the words of
the federal statute or federal constitutional provision may be so clear and the
conduct so bad that case law is not needed to establish that the conduct cannot
be lawful.” Id.
Alternatively, where the conduct alleged is not so egregious as to violate
a statutory or constitutional right on its face, courts look to case law to
determine whether the law is “clearly established.” Id. at 1351. If the case law
contains “some broad statements of principle” which are “not tied to
particularized facts,” then it may be sufficient to clearly establish the law
applicable in the future to different facts. Id. However, to provide officials with
sufficient warning, the case law must establish a principle such that “every
objectively reasonable government official facing the circumstances would know
that the official’s conduct did violate federal law when the official acted.” Id.

Last, in the absence of broad statements of principle, precedent can clearly
establish the applicable law where “the circumstances facing a government
official are not fairly distinguishable, that is, are materially similar,” to the
particularized facts of prior case law. Id. at 1352. Such precedent must be

found in decisions from the Supreme Court, the controlling circuit court of
appeals, or the pertinent state supreme court. Id. at 1351; Crocker, 995 F.3d at
1240 (same). However, a case “on all fours” with materially identical facts is
not required to establish “fair warning” to government officials. Holloman v.

Harland, 370 F.3d 1252, 1277 (11th Cir. 2004) (discussing the impact of Hope
on Eleventh Circuit precedent).
Because of these rules of law, in qualified immunity cases involving
probable cause, the question “is not whether probable cause actually existed.”

Swint v. City of Wadley, 51 F.3d 988, 996 (11th Cir. 1995). Rather, the Court
must ask “whether, viewing the facts in a light favorable to the non-movant,
there was arguable probable cause.” Id. (quoting Moore v. Gwinnett County,
967 F.2d 1495, 1497 (11th Cir. 1992)). When “reasonable officers in the same

circumstances and possessing the same knowledge as the [d]efendants could
have believed that probable cause existed,” the defendants should not be held
personally liable. Id. (quoting Von Stein v. Brescher, 904 F.2d 572, 579 (11th
Cir. 1990)).

Here, the Court concludes that the right allegedly violated was clearly
established. Case law from the Supreme Court and the Eleventh Circuit
contains “broad statements of principle” that gave Swain and Godwin “fair
warning” that their alleged conduct was unlawful. Vinyard, 311 F.3d at 1350–

51. Longstanding binding precedent established that the officers needed to
have probable cause before searching Santiago’s vehicle. See Virden, 488 F.3d
at 1321–22; Alexander, 835 F.2d at 1408. And, before Swain and Godwin’s
alleged actions in 2017, the Supreme Court and the Eleventh Circuit had

explained that a dog’s alert is sufficiently reliable to provide probable cause only
if the dog is well-trained in locating contraband. See Harris, 568 U.S. at 246–
47; Sentovich, 677 F.2d at 838 n.8; Nelson, 309 F. App’x at 375. In light of those
settled principles of law, the Court does not believe that “reasonable officers in

the same circumstances and possessing the same knowledge as the Defendants
could have believed that probable cause existed” based on the facts as alleged
by Santiago. Swint, 51 F.3d at 996 (quoting Von Stein, 904 F.2d at 579).
According to Santiago’s allegations, the dog was not properly trained, and, thus,

its alert did not provide Swain and Godwin with arguable probable cause.
Because Santiago has alleged that Swain and Godwin violated her clearly
established right to be free from a warrantless search of her vehicle without
probable cause, the Court finds that Swain and Godwin are not entitled to
qualified immunity at this stage of the proceedings.14 Consequently, the Court

will not dismiss Counts III and IV of the Second Amended Complaint on that
basis.
IV. Conclusion
Because Inch was not the secretary of the DOC at the time of the alleged

constitutional violation, he cannot be individually liable. Therefore, the Motion
is due to be granted as to the claims against him. The Motion is due to be
denied, however, as to the claims against Swain and Godwin because Santiago
has plausibly alleged that they violated one of her clearly established

constitutional rights.
Accordingly, it is
ORDERED:
1. Defendants Mark S. Inch, Shawn Swain, and Jim Godwin’s Motion

to Dismiss Plaintiff’s Second Amended Complaint and Incorporated
Memorandum of Law (Doc. 33) is GRANTED, in part, and
DENIED, in part.

14 Whether these allegations can be proven is a question for another day.
A. The Motion is GRANTED to the extent that Counts I and II
of the Second Amended Complaint (Doc. 29) are
DISMISSED.
B. Otherwise, the Motion is DENIED.
2. The Clerk of the Court is directed to terminate Defendant Mark S.
Inch from the Court docket. This case will proceed on the remaining
claims against Shawn Swain, Jim Godwin, and Phillip Sellers.
DONE AND ORDERED in Jacksonville, Florida, on September 6, 2022.

United States District Judge

1c30
Copies to:
Counsel of Record

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10110843. Public record. Not legal advice.