Opinion

Buchholz v. Perez

Court
District Court, M.D. Florida
Filed
Jun 20, 2025
Cited by
0 cases
Authority
More cited than 36.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

BRENT BUCHHOLZ,

Plaintiff,

v. Case No.: 2:25-cv-329-SPC-KCD

YANIVIS PEREZ, individually,

MEGAN NOEL, individually,

LESLIE WEIDENHAMMER,

individually,

RYAN GREENO, individually,

ANTHONY WILSON, individually,

and

JANE DOE 1,

Defendants.

OPINION AND ORDER

Before the Court are Defendants Megan Noel and Leslie

Weidenhammer’s Motion to Dismiss (Doc. 17) and Defendant Anthony Wilson’s

Motion to Dismiss1 (Doc. 21). Plaintiff Brent Buchholz opposes both motions.

(Docs. 23, 24). The Court grants both motions to dismiss for the following

reasons.

1 Defendant Wilson apparently copied and pasted the title from his codefendants’ motion, so

his motion, too, is titled “Defendants Noel and Weidenhammer’s Motion to Dismiss.” (Doc.

21). The Court refers to the motion with the correct defendant’s name in this Order.

Background2

Plaintiff reported to the Collier County Sheriff’s Office (“CCSO”) that he

was the target of unlawful surveillance. Officer Noel received Plaintiff’s

reports and had “mental health concerns” about him, so she spoke to Officer

Weidenhammer about conducting welfare checks on Plaintiff. (Doc. 4 ¶ 14).

Officer Noel wrote in an email, “[i]n doing some research, it appears he is a

veteran and may need some additional assistance.” (Id.). Plaintiff alleges that

Officers Noel and Weidenhammer directed Officer Perez “to make contact with

Plaintiff to conduct a welfare check so that the ‘additional assistance’ in the

form of a Baker Act could occur.” (Id. ¶ 16).

In April 2024, Officer Perez and Officer Doe went to Plaintiff’s residence

and spoke to his family. Then they conducted a welfare check on Plaintiff at a

Costco parking lot. Officers Greeno and Wilson joined them. Allegedly, the

officers did not observe Plaintiff experiencing a medical emergency. Plaintiff

did not indicate that he wanted to hurt himself or others. He did not appear

malnourished, unable to provide for his own activities of daily living, to be

hallucinating or suffering from a psychotic episode, or otherwise suffering from

neglect. Nevertheless, Officer Perez took Plaintiff into custody under the

2 The Court “accept[s] the allegations in the complaint as true and constru[es] them in the

light most favorable to” Plaintiff. Belanger v. Salvation Army, 556 F.3d 1153, 1155 (11th Cir.

2009).

Baker Act. She completed the Report of Law Enforcement Officer Initiating

Involuntary Examination (“CF-MH 3052A”; Doc. 4-1).

According to Plaintiff, the officers lacked probable cause to deprive him

of his liberty. So he filed this civil rights action against the officers in their

individual capacity. (Doc. 4). He brings six claims under 42 U.S.C. § 1983 for

unlawful detainment in violation of the Fourth and Fourteenth Amendments

against Officer Perez (Count I), Officer Noel (Count II), Officer Weidenhammer

(Count III), Officer Greeno (Count IV), Officer Wilson (Count V), and Officer

Doe (Count VI).

Legal Standard

To survive a Federal Rule of Civil Procedure 12(b)(6) motion, a complaint

must allege “sufficient factual matter, accepted as true, to state a claim to relief

that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Bare

“labels and conclusions, and a formulaic recitation of the elements of a cause

of action,” do not suffice. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).

A district court should dismiss a claim when a party does not plead facts that

make the claim facially plausible. See id. at 570. A claim is facially plausible

when a court can draw a reasonable inference, based on the facts pled, that the

opposing party is liable for the alleged misconduct. See Iqbal, 556 U.S. at 678.

This plausibility standard requires “more than a sheer possibility that a

defendant has acted unlawfully.” Id. (citing Twombly, 550 U.S. at 557

(internal quotation marks omitted)).

Rule 12(b)(6) is read alongside Federal Rule of Civil Procedure 8(a),

which requires only “a short and plain statement of the claim showing that the

pleader is entitled to relief.” Brooks v. Blue Cross & Blue Shield of Fla., Inc.,

116 F.3d 1364, 1368–69 (11th Cir. 1997). The rule is not designed to strike

inartistic pleadings or provide a more definite statement to answer an

apparent ambiguity, and the analysis of a Rule 12(b)(6) motion is limited

primarily to the face of the complaint and its attachments. Id. (citing 5 Charles

A. Wright & Arthur Miller, Federal Practice and Procedure § 1356 at 590–92

(1969) (Wright & Miller)).

Analysis

The Fourth Amendment provides that “[t]he right of the people to be

secure in their persons, houses, papers, and effects, against unreasonable

searches and seizures, shall not be violated.” U.S. Const. amend. IV. The

Fourth Amendment’s prohibition against unreasonable searches and seizures

applies to civil as well as criminal investigations. Lenz v. Winburn, 51 F.3d

1540, 1548 n.7 (11th Cir. 1995).

In Florida, the Baker Act sets forth the standards for an involuntary

examination. See Fla. Stat. § 394.463. The Baker Act allows an authorized

person, such as a police officer, physician, or physician assistant, “to initiate

an involuntary examination of an individual whom the officer [or physician]

believes may have a mental illness, is substantially likely to cause serious

bodily harm to [herself] or others, and refuses a voluntary examination or is

unable to understand the need for an examination.” King v. Lee Cnty., No.

2:24-CV-375-JLB-KCD, 2025 WL 676224, at *6 (M.D. Fla. Mar. 3, 2025)

(alterations in original) (quoting Crane v. Lifemark Hosps., Inc., 898 F.3d 1130,

1133 n.1 (11th Cir. 2018)).

In the Eleventh Circuit, “[t]o establish § 1983 liability, a plaintiff must

show ‘proof of an affirmative causal connection’ between a government actor’s

acts or omissions and the alleged constitutional violation, which ‘may be

established by proving that the official was personally involved in the acts that

resulted in the constitutional deprivation.’” Brown v. City of Huntsville, Ala.,

608 F.3d 724, 737 (11th Cir. 2010) (quoting Zatler v. Wainwright, 802 F.2d 397,

401 (11th Cir. 1986)). “Merely being present with the arresting officers at the

scene is not enough, unless the plaintiff can show that the defendant officer

was part of the chain of command authorizing the arrest action.” Id.

First, the claims against Officers Noel and Weidenhammer. Plaintiff

alleges:

14. On March 29, 2024, Defendant NOEL having spoken to

another officer of the CCSO regarding his “mental health

concerns” of the Plaintiff after receiving Plaintiff’s reports,

spoke to Defendant WEIDENHAMMER about conducting

welfare checks on Plaintiff, and stated in an email “In

doing some research, it appears he is a veteran and may

need some additional assistance.”

16. Defendants NOEL and WEIDENHAMMER acted in

concert with one another, and in concert with Defendant

PEREZ directing her to make contact with Plaintiff to

conduct a welfare check so that the “additional assistance”

in the form of a Baker Act could occur.

(Doc. 4 ¶¶ 14, 16; Doc. 17 at 6; Doc. 23 at 3). These allegations are insufficient

to state a Fourth Amendment claim. Plaintiff does not allege that either officer

was present at the scene of Plaintiff’s seizure. And even if he had, that is not

enough to establish a causal connection unless he can demonstrate “that the

defendant officer was part of the chain of command authorizing the arrest

action.” Brown, 608 F. 3d at 736–37. Plaintiff does not do so. The Court agrees

with Defendants that “[a]t worst, Plaintiff’s allegations against [them] suggest

that their intention was to conduct a welfare check on the Plaintiff which of

course . . . would not implicate the Fourth Amendment.” (Doc. 17 at 6).

To the extent Plaintiff argues that the alleged “additional assistance”

was detention under the Baker Act, his allegation lacks factual support. (Doc.

23 at 4). The logical inference that Plaintiff makes—that additional assistance

necessarily means detention under the Baker Act—is too great for the Court

to make, even at the Rule 12 stage of this litigation. There is also no factual

support for Plaintiff’s argument that Officers Noel and Weidenhammer were

part of the chain of command authorizing Plaintiff’s detention. (Id.). All

Plaintiff alleges is that the two officers were concerned about Plaintiff’s mental

health, thought he might need additional assistance, and directed Officer Perez

to make contact to conduct a welfare check. (Doc. 4 ¶¶ 14, 16). With the facts

alleged, to assume more is a bridge too far. Thus, the Court dismisses the

claims against Officers Noel and Weidenhammer.

The claim against Officer Wilson fares no better. Plaintiff alleges that

Officer Wilson, along with Officer Greeno, met Officer Perez at Costco to

conduct the welfare check. (Doc. 4 ¶ 21). Plaintiff does not specifically allege

any personal participation by Officer Wilson in Plaintiff’s seizure. He does not

allege that Officer Wilson decided to detain Plaintiff or that he was part of the

chain of command authorizing the detention. All he alleges is that Officer

Wilson was at the scene when he was detained. (Id.). This is not enough. See

Brown, 608 F.3d at 731, 736.

In his response, Plaintiff argues that the body camera footage shows that

Officer Wilson physically detained Plaintiff.3 (Doc. 24 at 4 (citing Doc. 4 ¶ 58)).

This argument also fails. In Brown, while Officer Anderson pulled the plaintiff

out of the vehicle, placed her face-down on the ground, and handcuffed her, the

Eleventh Circuit held that Anderson could not be liable for false arrest because

Anderson did not make the decision to arrest the plaintiff and the plaintiff

3 Plaintiff states that the body camera footage is not included in the Amended Complaint.

(Doc. 24 at 4). The Court does not have any body camera footage and therefore considers

none.

failed to identify conduct that would support a false arrest claim. Brown, 608

F.3d at 731, 736.

The same reasoning applies to Officer Wilson. Officer Perez, not Officer

Wilson, allegedly made the decision to detain Plaintiff. (Doc. 4 ¶ 35). Whatever

assistance Officer Wilson rendered to Officer Perez during the detainment does

not support an unlawful detainment claim under § 1983. See Slade v.

Forehand, No. 3:16-CV-59-RV-MJF, 2019 WL 1430401, at *9 (N.D. Fla. Feb.

28, 2019) (recommending granting summary judgment on unlawful arrest

claim under § 1983 where officer did not make decision to arrest plaintiff but

may have rendered some assistance in the arrest), report and recommendation

adopted, No. 3:16-CV-59-RV/MJF, 2019 WL 1434581 (N.D. Fla. Mar. 29, 2019).

Thus, the Court dismisses the claim against Officer Wilson.

Accordingly, it is now:

ORDERED:

1. Defendants Megan Noel and Leslie Weidenhammer’s Motion to Dismiss

(Doc. 17) is GRANTED.

2. Defendant Anthony Wilson’s Motion to Dismiss (Doc. 21) is GRANTED.

3. Counts II, III, and V of Plaintiff’s Amended Complaint (Doc. 4) are

DISMISSED without prejudice.

DONE and ORDERED in Fort Myers, Florida on June 20, 2025.

tit WOblatet he

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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