Nicholas Hernandez v. Sheriff of Manatee County, Florida

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[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24-10011

____________________

NICHOLAS HERNANDEZ,

a.k.a. Nicholas Trupia,

Plaintiff-Appellant,

versus

SHERIFF OF MANATEE COUNTY, FLORIDA,

KEYION LAWS,

JOHN GIRGIS,

KRYSTLE MOORE-AGUILERA,

ELIER SANTANA,

all in their individual capacity as deputies and agents

of the Manatee County Sheriff's Office, et al.,

Defendants-Appellees.

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2 Opinion of the Court 24-10011

____________________

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:21-cv-01488-KKM-UAM

____________________

Before LUCK, LAGOA, and ABUDU, Circuit Judges.

PER CURIAM:

In a nine-month span, Manatee County Sheriff’s Office dep-

uties arrested Nicholas Hernandez four times. Three arrests were

warrant-based; the other one was warrantless. Hernandez brought

four 42 U.S.C. § 1983 claims based on the arrests—two malicious

prosecution claims for the first two arrests, a false arrest claim for

the third warrant-based arrest, and a false arrest claim for the war-

1

rantless arrest. For the malicious prosecution claims, he alleged

that two deputies violated his Fourth Amendment right to be free

from unlawful seizure because they should have known that their

affidavits supporting the warrant applications leading to his war-

rant-based arrests failed to establish probable cause that Hernandez

committed a crime. For the false arrest claims, he alleged that two

other deputies violated his Fourth Amendment right because they

1

Hernandez brought five other claims based on four other arrests. The district

court granted summary judgment for the defendants on the five other claims.

Because Hernandez does not appeal the summary judgment, we do not dis-

cuss those claims any further.

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24-10011 Opinion of the Court 3

lacked probable cause to arrest him. The district court dismissed

Hernandez’s claims, and Hernandez now appeals. After careful re-

view, and with the benefit of oral argument, we conclude that Her-

nandez failed plausibly to allege that the deputies violated his

Fourth Amendment right. So we affirm.

FACTUAL BACKGROUND

From August 2019 to May 2020, Manatee County Sheriff’s

Office deputies arrested Hernandez four times—once in August

2019, once in January 2020, once in April 2020, and once in May

2020.

The August 2019 Arrest

On August 5, 2019, Hernandez was arrested for felony theft.

The arrest was based on a warrant. To obtain the warrant, Deputy

John Girgis swore in an affidavit that he had probable cause to be-

lieve that Hernandez committed the theft. Specifically, Deputy

Girgis averred that Hernandez, acting as a landlord, stole his ten-

ant’s personal property from the residence that the tenant leased

from Hernandez. Before drafting the affidavit, Deputy Girgis did

not interview Hernandez. The State Attorney’s Office for Florida’s

Twelfth Judicial Circuit later abandoned the theft charge.

The January 2020 Arrest

On January 13, 2020, Hernandez was arrested for driving

with a suspended license. This arrest was also based on a warrant.

To obtain the warrant, Deputy Elier Santana swore in an affidavit

that there was probable cause to believe that Hernandez was

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4 Opinion of the Court 24-10011

driving with a suspended license. The State Attorney’s Office aban-

doned the charge on April 15, 2020.

The April 2020 Arrest

A week after the charge was abandoned, on April 22, 2020,

Hernandez was arrested, again, for driving with a suspended li-

cense and also for resisting arrest without violence. Deputy Jason

Riley initially approached Hernandez to arrest him for driving with

a suspended license based on the same warrant from the January

2020 arrest. Before the arrest, Hernandez told Deputy Riley that

the driving-with-a- suspended-license charge had already been

abandoned. But Deputy Riley arrested Hernandez anyway and

also prepared a new affidavit swearing that Hernandez resisted ar-

rest by failing to follow lawful orders. Deputy Riley’s new affidavit

led to the State Attorney’s Office charging Hernandez with resist-

ing arrest without violence. But the State Attorney’s Office later

abandoned both charges.

The May 2020 Arrest

And finally, on May 13, 2020, Hernandez was arrested for

burglary with an intent to commit battery. Deputy Jeff Cowling

arrested Hernandez without a warrant. Before the arrest, Deputy

Cowling interviewed the alleged victims—Hernandez’s in-laws—

who told Deputy Cowling that Hernandez entered their home,

struck them both, and took Hernandez’s children. Deputy Cowl-

ing did not interview Hernandez before arresting him. Three

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months later, Hernandez’s in-laws recanted their statement, and

the State Attorney’s Office abandoned the burglary charge.

PROCEDURAL HISTORY

The Complaint

Based on the four arrests, Hernandez sued Deputies Girgis,

Santana, Riley, and Cowling under § 1983, alleging the deputies vi-

olated his Fourth Amendment right to be free from unlawful sei-

zure. Hernandez’s lawsuit had four claims.

Two were malicious prosecution claims. He brought a ma-

licious prosecution claim against Deputy Girgis for the August 2019

warrant-based arrest for theft of Hernandez’s tenant’s personal

property. For that claim, he alleged that Deputy Girgis violated the

Fourth Amendment because the deputy should have known his af-

fidavit supporting the warrant application did not establish proba-

ble cause to believe that Hernandez committed theft. Hernandez

also brought a malicious prosecution claim against Deputy Santana

for the January 2020 warrant-based arrest for driving with a sus-

pended license. For that claim, too, Hernandez alleged that Dep-

uty Santana violated the Fourth Amendment because the deputy

should have known his affidavit supporting the warrant application

failed to establish probable cause to believe Hernandez drove with

a suspended license.

The other two claims were for false arrest. Hernandez

brought a false arrest claim against Deputy Riley for the April 2020

warrant-based arrest for driving with a suspended license and for

resisting arrest without violence. He alleged that Deputy Riley

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6 Opinion of the Court 24-10011

violated the Fourth Amendment by arresting him without proba-

ble cause to believe he committed either crime. And Hernandez

brought a false arrest claim against Deputy Cowling based on the

May 2020 warrantless arrest for burglary with an intent to commit

battery against his in-laws. As to that claim, too, Hernandez al-

leged that Deputy Cowling violated the Fourth Amendment by ar-

resting him without probable cause to believe he committed bur-

glary.

The Motion to Dismiss

The deputies moved to dismiss Hernandez’s claims for two

reasons. First, they argued that Hernandez failed to allege suffi-

cient facts to support his Fourth Amendment claims for malicious

prosecution and false arrest. And second, the deputies asserted that

they were entitled to qualified immunity because, even if they vio-

lated the Constitution, their actions did not result in behavior that

was clearly established as unconstitutional. The district court

agreed that the deputies were entitled to qualified immunity and

dismissed Hernandez’s claims. Hernandez appeals the dismissal.

STANDARD OF REVIEW

We review a district court’s dismissal of a plaintiff’s com-

plaint “de novo, accepting the facts alleged in the complaint as true

and drawing all reasonable inferences in the plaintiff’s favor.” See

Corbitt v. Vickers, 929 F.3d 1304, 1311 (11th Cir. 2019) (quotation,

emphasis, and internal citation omitted). “To survive a motion to

dismiss, a complaint must contain sufficient factual matter, ac-

cepted as true, to state a claim to relief that is plausible on its face.”

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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotation and internal ci-

tation omitted).

DISCUSSION

We divide our discussion into two parts. First, we consider

Hernandez’s malicious prosecution claims against Deputies Girgis

and Santana. Then, we address his false arrest claims against Dep-

uties Riley and Cowling.

Hernandez’s Malicious Prosecution Claims against Deputies Girgis and

Santana

The Fourth Amendment protects the right to be free from

“unreasonable . . . seizures.” U.S. Const. amend. IV. A law en-

forcement officer can violate that right by initiating a malicious

prosecution which results in an “unreasonable seizure pursuant to

legal process.” Thompson v. Clark, 596 U.S. 36, 42 (2022). Legal pro-

cess includes submitting an affidavit supporting a warrant applica-

tion. See Williams v. Aguirre, 965 F.3d 1147, 1162–63 (11th Cir. 2020)

(explaining that claims based on police officers’ affidavits support-

ing warrant applications are malicious prosecution claims).

To show a violation of the Fourth Amendment, a plaintiff

must plausibly allege that (1) the common law elements of mali-

cious prosecution were met, and (2) an unreasonable seizure oc-

curred. See Black v. Wigington, 811 F.3d 1259, 1266 (11th Cir. 2016).

“The common law elements include (1) a criminal prosecution in-

stituted or continued by the . . . defendant; (2) with malice and

without probable cause; (3) that terminated in the plain-

tiff[’s] . . . favor; and (4) caused damage[.]” Id. (quotation omitted).

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Malicious Prosecution Claim against Deputy Girgis

We start with Hernandez’s malicious prosecution claim

against Deputy Girgis. Hernandez argues the district court erred

in dismissing this claim based on the August 2019 warrant-based

arrest for theft of his tenant’s personal property.

To meet the common law elements for malicious prosecu-

tion, the plaintiff must allege that the officer acted “with malice and

without probable cause.” See id. That requires the plaintiff to al-

lege sufficient facts showing either “that the officer who applied for

the warrant should have known that his application failed to estab-

lish probable cause or that an offic[er] . . . intentionally or reck-

lessly made misstatements or omissions necessary to support the

warrant.” Laskar v. Hurd, 972 F.3d 1278, 1296 (11th Cir. 2020) (quo-

tation and internal citation omitted).

Here, Hernandez did not allege that Deputy Girgis did ei-

ther. Hernandez did not allege that Deputy Girgis “intentionally

or recklessly made misstatements or omissions” in his affidavit. See

id. And he did not allege that Deputy Girgis “should have known”

that his affidavit supporting the warrant application “failed to es-

tablish probable cause.” See id.

Hernandez pushes back on that last part. He points to the

allegations in the complaint that Deputy Girgis failed to interview

him before the arrest and that, if interviewed, he would have told

the deputy exonerating information that the tenant was lawfully

evicted and abandoned the personal property. Based on those facts,

Hernandez contends he did plausibly allege that Deputy Girgis

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should have known his affidavit supporting the warrant application

failed to establish probable cause.

But “the Fourth Amendment does not require a perfect in-

vestigation before an arrest is made or a charge is brought.” See

Harris v. Hixon, 102 F.4th 1120, 1125 (11th Cir. 2024). That is, an

officer need not “explore or eliminate every theoretically plausible

claim of innocence” to have probable cause. See Washington v. Ri-

vera, 939 F.3d 1239, 1246 (11th Cir. 2019) (quotation and internal

citation omitted). Nor does an officer’s failure to interview a sus-

pect, without more, undermine probable cause. See District of Co-

lumbia v. Wesby, 583 U.S. 48, 61 (2018) (“[P]robable cause does not

require officers to rule out a suspect’s innocent explanation[.]”). In-

stead, only an investigative defect—like when an officer “con-

sciously and deliberately d[oes] not make an effort to uncover rea-

sonably discoverable, material information”—undermines proba-

ble cause. Rivera, 939 F.3d at 1246 (quoting Kingsland v. City of Mi-

ami, 382 F.3d 1220, 1230 (11th Cir. 2004), abrogated on other grounds

by Williams, 965 F.3d at 1159).

Hernandez did not allege a sufficient investigative defect.

The complaint did not contain any facts showing that Deputy Gir-

gis “consciously and deliberately” avoided interviewing him. See

id.

We have not overlooked Sylvester v. Fulton County, 94 F.4th

1324 (11th Cir. 2024). There, the plaintiff brought a malicious pros-

ecution claim against an investigator and provided evidence that

the investigator knew about the plaintiff’s alibi and intentionally

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10 Opinion of the Court 24-10011

omitted it from the affidavit supporting the warrant application

that led to the plaintiff’s arrest. See id. at 1327, 1331–32. Despite

that evidence, the district court concluded the investigator did not

violate the Fourth Amendment. Id. We reversed, explaining that

“[w]hen a police officer intentionally lies or recklessly misleads a

judge to obtain an arrest warrant, the resulting arrest violates the

Fourth Amendment.” Id. at 1326.

That’s not what happened here. There were no facts in Her-

nandez’s complaint showing that Deputy Girgis knew about any

exonerating evidence and intentionally left it out of the affidavit.

Without these facts, Hernandez failed plausibly to allege that Dep-

uty Girgis violated the Fourth Amendment by “intentionally l[ying

to] or recklessly mislead[ing]” the judge who signed the August

2019 arrest warrant. See id.

Malicious Prosecution Claim Against Deputy Santana

Next, we turn to Hernandez’s malicious prosecution claim

against Deputy Santana. Hernandez also argues that the district

court erred in dismissing this claim.

“To decide whether a complaint survives a motion to dis-

miss, we use a two-step framework.” McCullough v. Finley, 907 F.3d

1324, 1333 (11th Cir. 2018). First, we “identify” and “disregard[]”

the “conclusory allegations” that “are not entitled to the assump-

tion of truth.” Id.; see also Iqbal, 556 U.S. at 678–81 (explaining that

on a motion to dismiss courts do not “accept as true a legal conclu-

sion couched as a factual allegation”); Jackson v. BellSouth Tele-

comms., 372 F.3d 1250, 1262 (11th Cir. 2004) (explaining that we do

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not credit “conclusory allegations, unwarranted deductions of

facts[,] or legal conclusions masquerading as facts” (quotation

omitted)). Second, “we assume any remaining factual allegations

are true and determine whether those factual allegations ‘plausibly

give rise to an entitlement to relief.’” McCullough, 907 F.3d at 1333

(quoting Iqbal, 556 U.S. at 679).

Here, under the first step, we disregard Hernandez’s allega-

tion that Deputy Santana should have known that the affidavit did

not establish probable cause to believe that Hernandez drove with

a suspended license because it was a legal conclusion without plau-

sible factual allegations supporting it. See Iqbal, 556 U.S. at 678–81;

McCullough, 907 F.3d at 1333; Jackson, 372 F.3d at 1262. Without

that allegation, all we are left with is the fact that Deputy Santana

wrote an affidavit swearing that there was probable cause to be-

lieve Hernandez drove with a suspended license, which is a crime

under Florida law. See Fla. Stat. § 322.34(2). Without more, there

are no remaining factual allegations showing that Sanatana acted

“with malice and without probable cause.” See Black, 811 F.3d at

1266. Thus, Hernandez did not plead sufficient facts to show this

required element of a Fourth Amendment violation for malicious

prosecution. See id.

Hernandez’s False Arrest Claims Against Deputies Riley and Cowling

That leaves us with Hernandez’s false arrest claims against

Deputies Riley and Cowling. “An officer violates a person’s Fourth

Amendment right against unreasonable seizures if the officer ar-

rests that person without probable cause[.]” Garcia v. Casey, 75 F.4th

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1176, 1186 (11th Cir. 2023) (internal citation omitted). So to plau-

sibly allege a Fourth Amendment violation for false arrest, the com-

plaint must “establish (1) a lack of probable cause and (2) an ar-

rest.” Richmond v. Badia, 47 F.4th 1172, 1180 (11th Cir. 2022).

False Arrest Claim Against Deputy Riley

Hernandez argues the district court erred in dismissing his

false arrest claim against Deputy Riley based on the April 2020 ar-

rest for driving with a suspended license and for resisting arrest

without violence. “[A]n officer ordinarily does not violate the

Fourth Amendment when he executes a facially valid arrest war-

rant, regardless of whether the facts known to the officer support

probable cause.” See Williams, 965 F.3d at 1162 (citing Whiteley v.

Warden, 401 U.S. 560, 568 (1971)). A warrant is facially valid when

“the affidavit[] attached to the warrant[] provided probable cause

to believe that [the suspect] committed the offense[] charged.” See

Pickens v. Hollowell, 59 F.3d 1203, 1206 (11th Cir. 1995); see also Full-

man v. Graddick, 739 F.2d 553, 562 (11th Cir. 1984) (affirming dis-

missal of a Fourth Amendment false arrest claim against an officer

who arrested the plaintiff based on a warrant because the com-

plaint’s non-conclusory allegations “show[ed] the warrants were

executed with probable cause”).

Here, the complaint alleged Deputy Riley arrested Hernan-

dez based on a warrant for driving with a suspended license. The

arrest warrant was facially valid because Deputy Santana provided

a supporting affidavit stating that there was probable cause to be-

lieve Hernandez drove with a suspended license. See Pickens, 59

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F.3d at 1206. Because the complaint established Deputy Riley exe-

cuted a facially valid arrest warrant, there were no facts showing

that the deputy lacked probable cause to arrest Hernandez. See

Williams, 965 F.3d at 1162; Fullman, 739 F.2d at 562. As a result,

Hernandez failed plausibly to allege that Deputy Riley violated the

Fourth Amendment for false arrest. See Richmond, 47 F.4th at 1180.

Hernandez counters that Deputy Riley lacked probable

cause to arrest him for driving with a suspended license because he

told the deputy that the charge had already been abandoned before

the arrest. But the fact that the charge had been abandoned by the

prosecutor does not mean Deputy Riley lacked probable cause for

the arrest. See Uboh v. Reno, 141 F.3d 1000, 1005 (11th Cir. 1998),

abrogated on other grounds by Nieves v. Bartlett, 587 U.S. 391, 405

(2019) (explaining that “unilateral dismissal by the [prosecutor] of

drug charges” did not “constitute[] conclusive proof of [the crimi-

nal defendant’s] innocence”). A prosecutor can abandon a charge

for a multitude of reasons other than insufficient evidence of guilt.

See United States v. Delgado, 903 F.2d 1495, 1499 (11th Cir. 1990)

(“Certainly, we cannot attribute the government’s decision not to

prosecute to an independent determination that the defendant is

not guilty” because “[t]here are many factors that influence

th[at] . . . decision[.]”); cf. United States v. Marion, 404 U.S. 307, 312

(1971) (explaining that criminal charges can be dismissed “on

grounds that ha[ve] nothing to do with guilt or innocence”). Thus,

Hernandez’s “explanation” of his “innocen[ce]”—that the driving

with a suspended license charge had been abandoned—“d[id] not

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14 Opinion of the Court 24-10011

have automatic, probable cause vitiating effect.” Wesby, 583 U.S.

at 67–68.

Hernandez also asserts that Deputy Riley violated the

Fourth Amendment because the deputy also arrested him for re-

sisting arrest without violence even though he lacked probable

cause to do so. But Deputy Riley did not violate the Fourth

Amendment even if he did not have probable cause to arrest Her-

nandez for that specific offense. Instead, false arrest claims, like this

one, are governed by the “any-crime rule.” Garcia, 75 F.4th at 1187.

Under the “any-crime rule,” an officer does not violate the Fourth

Amendment so long as he has probable cause to arrest the suspect

for any crime, “even if it was not the crime the officer thought or

said had occurred.” Id. (quoting Williams, 965 F.3d at 1158); see Bai-

ley v. Bd. of Cnty. Com’rs of Alachua Cnty., 956 F.2d 1112, 1119 n.4

(11th Cir. 1992) (“The validity of an arrest does not turn on the of-

fense announced by the officer at the time of the arrest.”). To plead

a Fourth Amendment violation for false arrest, then, Hernandez

had to allege that Deputy Riley lacked probable cause to arrest him

for any crime. See Garcia, 75 F.4th at 1187; Bailey, 956 F.2d at 1119

n.4. Hernandez failed to do so because his complaint established

Deputy Riley was executing “a facially valid warrant” and thus had

probable cause to arrest him for a crime—driving with a suspended

license. See Williams, 965 F.3d at 1162; Fullman, 739 F.2d at 562.

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False Arrest Claim Against Deputy Cowling

Hernandez finally contends that the district court erred in

dismissing his false arrest claim against Deputy Cowling based on

the May 2020 warrantless arrest. We disagree.

“Probable cause is not a high bar,” Wesby, 583 U.S. at 57, and

“exists when the facts . . . establish a probability or substantial

chance of criminal activity.” Washington v. Howard, 25 F.4th 891,

898 (11th Cir. 2022) (quotation omitted). Under Florida law, battery

includes “intentionally . . . strik[ing] . . . or [i]ntentionally caus[ing]

bodily harm to another person.” See Fla. Stat. § 784.03(1)(a).

Here, Hernandez’s complaint alleged that his in-laws told

Deputy Cowling that Hernandez entered their house, struck them

both, and took Hernandez’s children. The in-laws’ statements gave

Deputy Cowling probable cause to believe Hernandez committed

battery because there was—at the very least—“a probability or sub-

stantial chance,” see Howard, 25 F.4th at 898, that Hernandez “in-

tentionally . . . str[uck]” his in-laws, see Fla. Stat. § 784.03(1)(a).

Without facts showing Deputy Cowling arrested him without

probable cause, Hernandez failed plausibly to allege that Deputy

Cowling violated the Fourth Amendment. See Richmond, 47 F.4th

at 1180.

Hernandez has three counterarguments in response. First,

he asserts that he plausibly alleged Deputy Cowling violated the

Fourth Amendment because his complaint provided enough facts

showing Deputy Cowling lacked probable cause to arrest him for

burglary, which was the offense that Deputy Cowling told

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16 Opinion of the Court 24-10011

Hernandez he was arrested for. But, again, under the any-crime

rule, “the validity of an arrest does not turn on the offense an-

nounced by the officer at the time of the arrest.” Bailey, 956 F.2d at

1119 n.4. Instead, an officer does not violate the Fourth Amend-

ment if he has probable cause to arrest the suspect for any crime.

See id.; Garcia, 75 F.4th at 1187. So even if there were sufficient facts

showing Deputy Cowling lacked probable cause to arrest Hernan-

dez for burglary, Hernandez still failed plausibly to allege a Fourth

Amendment violation because his complaint established that Dep-

uty Cowling had probable cause to arrest Hernandez for another

crime—battery. See Garcia, 75 F.4th at 1187; Bailey, 956 F.2d at 1119

n.4.

Second, Hernandez argues that Deputy Cowling lacked

probable cause to arrest him because he alleged that his in-laws

later recanted their statement that Hernandez struck them. But we

assess whether an officer has probable cause based on the “facts

known . . . at the time of the arrest.” See Devenpeck v. Alford, 543

U.S. 146, 152 (2004); cf. Marx v. Grumbinner, 905 F.2d 1503, 1507 (11th

Cir. 1990) (“That a [suspect] is subsequently acquitted . . . is of no

consequence in determining the validity of the arrest itself.”). Be-

cause the in-laws did not recant their statement until three months

after the arrest, there were no facts showing Deputy Cowling

lacked probable cause to arrest Hernandez for battery in May 2020.

See Devenpeck, 543 U.S. at 152; Marx, 905 F.2d at 1507.

Third, Hernandez points to the allegations in the complaint

that Deputy Cowling did not interview Hernandez before arresting

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24-10011 Opinion of the Court 17

him, and that, if interviewed, Hernandez would have told Deputy

Cowling that he entered his in-laws’ house lawfully and did not

strike them. He contends those allegations were enough to under-

mine Deputy Cowling’s probable cause to arrest him for battery.

We disagree. The allegation that Deputy Cowling failed to inter-

view Hernandez did not undermine his basis for probable cause

because Deputy Cowling did not have to “rule out [Hernandez’s]

innocent explanation for suspicious facts” before arresting him. See

Wesby, 583 U.S. at 61. Officers “[a]re not required to forgo arresting

[a suspect] based on initially discovered facts showing probable

cause simply because [the suspect] offer[s] a different explanation.”

See Marx, 905 F.2d at 1507 n.6.

CONCLUSION

Hernandez failed plausibly to allege that Deputies Girgis,

Santana, Riley, or Cowling violated the Fourth Amendment.

Thus, the district court did not err in dismissing Hernandez’s

claims against them.

AFFIRMED.