Opinion

Jeff Fleuranville v. Miami Dade County

Court
Court of Appeals for the Eleventh Circuit
Filed
Apr 4, 2025
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

USCA11 Case: 24-11741 Document: 31-1 Date Filed: 04/04/2025 Page: 1 of 9

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24-11741

Non-Argument Calendar

____________________

JEFF FLEURANVILLE,

Plaintiff-Appellant,

versus

MIAMI DADE COUNTY,

JOSEPH WISLIN,

Individual Capacity,

GREGORY CHEEVER,

Individual Capacity,

ERNESTO MIRANDA,

Individual Capacity,

LASHONYA LEONARD,

Individual Capacity, et al.,

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2 Opinion of the Court 24-11741

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:23-cv-21797-KMM

____________________

Before ROSENBAUM, ABUDU, and BLACK, Circuit Judges.

PER CURIAM:

Jeff Fleuranville appeals the district court’s grant of the Ap-

pellees’ motion to dismiss his amended complaint alleging viola-

tions of his civil rights under federal and Florida law. Fleuranville

asserts the district court erred in determining (1) his federal and

state law claims of false arrest were barred by qualified immunity,

and (2) his state law malicious prosecution claims were barred be-

cause Appellees had probable cause to arrest him. 1 After review, 2

we affirm the district court.

1 Fleuranville also appeals “the district court’s finding that the amended com-

plaint does not contain sufficient factual allegation to meet the pleading stand-

ard and defeat qualified immunity.” However, while Appellees argued that

Fleuranville’s amended complaint did not meet the pleading standards in their

motion to dismiss, the district court did not grant the motion to dismiss based

on the failure to meet pleading standards. We do not address this argument.

2 “We review de novo a district court’s decision to grant or deny the defense

of qualified immunity on a motion to dismiss, accepting the factual allegations

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24-11741 Opinion of the Court 3

I. BACKGROUND

On May 11, 2018, a 74-year-old woman accused her son,

Fleuranville, of sexually assaulting her on multiple occasions. The

victim disclosed the sexual assaults to her daughter. The arrest af-

fidavit contained the following statement:

The victim advised that on an unknown date in No-

vember 2017, the subject called her into a bedroom in

her single family residence. Once inside, the subject

pushed her onto the floor, removed her clothing and

forced penile vaginal intercourse on her. She advised

that she attempted to resist the defendant but she was

unable to do so due to his strength. During a strug-

gle, the defendant became upset and slapped her sev-

eral times. The victim further advised that at the con-

clusion of the sexual assault, the defendant demanded

she perform fellatio on him and she refused. There-

after, the defendant stood up and kicked her several

times. After kicking her, the defendant threatened to

kill her if she called the police or told anyone of the

sexual battery. The victim stated she was in fear for

her life. As a result, she was unable to leave the home

for several days.

Fleuranville was arrested on twelve felony counts for sexual

battery, kidnapping, and battery on the elderly on May 11, 2018.

On May 31, 2018, the sexual battery charges were no actioned, and

in the complaint as true and drawing all reasonable inferences in the plaintiff’s

favor.” Davis v. Carter, 555 F.3d 979, 981 (11th Cir. 2009) (quotation marks

omitted).

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4 Opinion of the Court 24-11741

the charges were amended to one count of kidnapping and one

count of battery. On July 25, 2019, the State entered a nolle prosequi

on the remaining charges against Fleuranville, and the case was

closed.

Fleuranville filed a civil rights action. His amended com-

plaint asserted federal false arrest claims against Miami-Dade

County Police Department Officers Joseph Wislin, Gregory

Cheever, Ernesto Miranda, and Darlene Cordero 3 (Counts 1-4); fed-

eral malicious prosecution claims against Officers Wislin, Cheever,

Miranda, Cordero, and Lashonya Leonard (Counts 5-10); state false

arrest claims against each officer (Counts 11-15); and state mali-

cious prosecution claims against each officer (Counts 16-20). Mi-

ami-Dade County was not a named defendant in the amended

complaint.

In his amended complaint, he stated he “resided with and

cared for his biological mother,” and “was the only family member

to make sure that her needs were met and that the household bills

were paid.” His mother “suffers from dementia and other mental

health disorders and could not be left alone,” and Fleuranville “ve-

hemently denies ever inappropriately touching or harming his

mentally ill mother who suffer[s] from dementia, memory loss,

and other mental health disorders.” He also stated that “Law En-

forcement is familiar with the alleged victim as she has called the

3 Officer Cordero was never served.

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24-11741 Opinion of the Court 5

police to the home on numerous occasions for various complaint[s]

which were all unfounded.”

The Appellees moved to dismiss the amended complaint, ar-

guing they had probable cause to arrest Fleuranville based on the

victim’s statement, summarized on the arrest affidavit and corrob-

orated by the victim’s daughter. The district court granted the mo-

tion to dismiss, dismissing the false arrest claims because probable

cause entitled the Appellees to qualified immunity on the federal

claims and precluded the state law claims. The district court also

dismissed the malicious prosecution claims because the existence

of probable cause foreclosed both the state and federal claims.

II. DISCUSSION

A. False Arrest

To receive qualified immunity, an “officer bears the initial

burden to prove that he acted within his discretionary author-

ity.” Dukes v. Deaton, 852 F.3d 1035, 1041 (11th Cir. 2017). The plain-

tiff then bears the burden of showing “the defendant violated a con-

stitutional right” and “the right was clearly established at the time

of the violation.” Barnes v. Zaccari, 669 F.3d 1295, 1303 (11th Cir.

2012). Because Fleuranville does not dispute the Appellees were

engaged in a discretionary function, he bears the burden of proving

they were not entitled to qualified immunity.

Fleuranville asserts the Appellees violated the Fourth

Amendment by falsely arresting him. “To succeed on a false arrest

claim, a plaintiff must establish (1) a lack of probable cause and

(2) an arrest.” Richmond v. Badia, 47 F.4th 1172, 1180 (11th Cir.

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6 Opinion of the Court 24-11741

2022). “Accordingly, when the government has probable cause to

arrest someone, a false arrest claim necessarily fails.” Id.

In the context of an arrest, probable cause exists “when the

facts, considering the totality of the circumstances and viewed

from the perspective of a reasonable officer, establish ‘a probability

or substantial chance of criminal activity.’” Washington v. Howard,

25 F.4th 891, 898-99 (11th Cir. 2022) (quoting District of Columbia v.

Wesby, 583 U.S. 48, 57 (2018)). In assessing whether there was prob-

able cause for an arrest, we “ask whether a reasonable officer could

conclude that there was a substantial chance of criminal activ-

ity.” Id. at 902 (quotation marks and alteration omitted). “Probable

cause does not require conclusive evidence and is not a high

bar.” Id. at 899 (quotation marks omitted).

Fleuranville contends there was not probable cause to arrest

him because the Appellees should have done a more thorough in-

vestigation 4 before arresting him, rather than relying solely on his

mother’s statement. Specifically, he asserts “[a]t the moment Plain-

tiff was arrested the facts and circumstances within [the] officers’

knowledge w[ere] not sufficient to warrant a prudent police officer

to belie[v]e that the Plaintiff had committed or was committing an

4 In his amended complaint, Fleuranville alleges “Defendants did not produce

any evidence of sexual abuse, no rape kit performed, no medical records, no

adult protective service investigation, no evidence of kidnap, no audio tape,

no eyewitness, no polygraph test performed, written confession, no marks, no

bruises, evidence of neglect, video camera, or credible witness.”

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24-11741 Opinion of the Court 7

offense.” Fleuranville also alleges his mother suffered from de-

mentia, memory loss, and other mental health disorders.

We have stated that “[g]enerally, an officer is entitled to rely

on a victim’s criminal complaint as support for probable cause.”

Rankin v. Evans, 133 F.3d 1425, 1441 (11th Cir. 1998). In Rankin, the

accused asserted an officer was not entitled to rely on the child vic-

tim’s statements “because the victim’s age and inconsistencies ren-

dered her statements unreliable.” Id. We concluded that “although

a child victim’s statements must be evaluated in light of her age,”

her statements, considered along with the other supporting evi-

dence were sufficiently reliable and trustworthy to form the basis

for probable cause. Id.

Similarly, the Appellees here had probable cause to arrest

Fleuranville because they could rely on the victim’s statements that

Fleuranville had sexually assaulted her on multiple occasions. De-

spite Fleuranville’s general allegation that “[l]aw enforcement is fa-

miliar with the alleged victim as she has called the police to the

home on numerous occasions for various complaint[s] which were

all unfounded,” he does not allege that any of the Appellees in this

case knew of his mother’s dementia and mental health history. The

victim’s detailed statements provided in the complaint/arrest affi-

davit identifying Fleuranville as her rapist were enough for proba-

ble cause at the time of the arrest. See Rankin, 133 F.3d at 1441.

Further, the victim also disclosed to her daughter that she was

raped. Because the Appellees had probable cause to arrest Fleuran-

ville, they did not violate his constitutional rights. See Richmond, 47

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8 Opinion of the Court 24-11741

F.4th at 1180, and the Appellees are entitled to qualified immunity

on this claim. See Barnes, 669 F.3d at 1303. Additionally, as “[p]rob-

able cause bars a claim for false arrest under Florida law just as it

does under federal law,” Crocker v. Beatty, 995 F.3d 1232,1245 (11th

Cir. 2021), Fleuranville’s claims for false arrest under Florida law

also fail.

B. Malicious Prosecution

To establish a claim of malicious prosecution, a plaintiff

must prove (1) “the elements of the common law tort of malicious

prosecution,” and (2) “he suffered a seizure pursuant to legal pro-

cess that violated the Fourth Amendment.” Laskar v. Hurd, 972 F.3d

1278, 1284 (11th Cir. 2020). The elements of malicious prosecution

require Fleuranville to show the officials instituted criminal process

against him “with malice and without probable cause” and the

prosecution against him terminated in his favor. Id. Florida law

also requires the absence of probable cause to support a claim of

malicious prosecution. See Durkin v. Davis, 814 So. 2d 1246, 1248

(Fla. 2d DCA 2002).

As the district court determined, the finding that the Appel-

lees had probable cause to arrest him also forecloses Fleuranville’s

federal and state law malicious prosecution claims.

III. CONCLUSION

The district court did not err in determining that the Appel-

lees are entitled to qualified immunity on Fleuranville’s federal

false arrest and malicious prosecution claims, and that the state law

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24-11741 Opinion of the Court 9

claims alleging the same should also be dismissed. We affirm the

district court.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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