Opinion

Garrett M. Cook v. Micheal Brooks

Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 19, 2026
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.8%

explaining that Eleventh Circuit precedent has never required that, before making an arrest, an officer is required “to believe, or to rule out, a suspect’s innocent explanation”

How later courts described this case

  • explaining that Eleventh Circuit precedent has never required that, before making an arrest, an officer is required “to believe, or to rule out, a suspect’s innocent explanation”

Written by the judges who cited it.

The opinion

USCA11 Case: 25-11869 Document: 27-1 Date Filed: 02/19/2026 Page: 1 of 17

NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-11869

Non-Argument Calendar

____________________

GARRETT M. COOK,

Plaintiff-Appellant,

versus

MICHEAL BROOKS,

Individually,

MARK DAINTY,

Individually,

DINA RUSSELL,

Individually ,

BRITT WILLIAMS,

LARRY WILLIAMS,

Individually, et al.,

Defendants-Appellees.

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2 Opinion of the Court 25-11869

____________________

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:23-cv-02735-KKM-LSG

____________________

Before JORDAN, KIDD, and HULL, Circuit Judges.

PER CURIAM:

Garrett Cook, a former sheriff’s deputy, sued (1) the Sheriff

of Polk County, Florida, individually and in his official capacity,

and (2) six law enforcement officers, individually, who worked for

the Sheriff. Cook’s amended complaint asserted claims of false

arrest and malicious prosecution under 42 U.S.C. § 1983, as well as

claims of false arrest under Florida law. The defendant officers

moved to dismiss Cook’s suit based on qualified immunity and

failure to state a claim. The district court granted the motion to

dismiss the federal claims and declined to exercise supplemental

jurisdiction over the state-law claims. Cook appealed. After careful

review, we affirm the district court’s order.

I. FACTS

At the motion-to-dismiss stage, we accept the facts alleged

in Cook’s amended complaint as true and construe them in the

light most favorable to Cook. See Ounjian v. Globoforce, Inc., 89

F.4th 852, 856 (11th Cir. 2023). We recount what Cook’s amended

complaint alleged.

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A. The Traffic Stop

On December 21, 2020, three deputies with the Polk County

Sheriff’s Office conducted a traffic stop in Winter Haven, Florida.

Cook, at the time a sheriff’s deputy, assisted with the traffic stop.

Two other deputies were involved with the stop: Raczynski

and Lawson.

The traffic stop turned into a search of the suspect’s vehicle

after a K9 indicated the presence of narcotics. The vehicle search

uncovered a small bag of cannabis, a cell phone, and $723 cash.

After the suspect was arrested, Cook counted and verified the

amount of money and then handed it to Lawson. Cook had no

further contact with the money.

A few days later, on December 23, 2020, Raczynski

deposited thirteen pieces of evidence into a storage locker but did

not deposit or log the $723 cash. The traffic stop suspect was

arrested for possession with intent to sell. Charges against the

suspect were ultimately dismissed on March 22, 2021.

B. The Coverup

On March 15, 2021, Raczynski called a property and

evidence clerk and told her that, after he moved the evidence bag

from Lawson’s trunk, he could not find the $723 cash. Raczynski

told her “that the missing money was being handled by ‘floater

money.’” The clerk became suspicious after she could not find any

record of Raczynski submitting cash into evidence, and she

reported the conversation to her supervisor.

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4 Opinion of the Court 25-11869

The next day, Raczynski created a supplemental report that

listed the $723 cash. Without Cook’s permission, Raczynski used

Cook’s password to electronically notarize the

supplemental report.

C. The Investigation

On March 18, 2021, Detective Michael Brooks interviewed

Sergeant Anderson about the missing cash.1 Anderson relayed a

conversation he had with Raczynski. Per Anderson, Raczynski said

that he left all the evidence and the money at the scene of the traffic

stop with Lawson. Raczynski also stated that when he went to

retrieve the money from Lawson, the money was not there.

Raczynski also stated that he had planned to submit personal

money into evidence to replace the missing cash.

The story Raczynski told Sergeant Anderson was different

from what he told others in the sheriff’s office. Raczynski told

another detective that “he placed the money in a safe at the

Property and Evidence section because he had dropped it into

evidence without a label.”

On March 19, 2021, Detective Brooks interviewed

Raczynski. Raczynski admitted that he knew Cook’s password and

did not contact Cook before using Cook’s password to

electronically notarize his supplemental report. Raczynski also

told Detective Brooks that Lawson sent him $500 via CashApp to

1 Sergeant Anderson “took over for” Sergeant Taylor Plowden, the supervisor

who approved the supplemental report.

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25-11869 Opinion of the Court 5

replace the missing money, and he agreed to contribute the

remaining $223 himself.

The same day, Detective Brooks interviewed Lawson who

stated that he placed the cell phone, money, and small bag of

cannabis into an evidence bag. Lawson further stated that

Raczynski placed the evidence bag into Lawson’s car, and

Raczynski and Lawson then had an argument about who would

take custody of the bag.

Neither Lawson nor Raczynski made any allegation that

Cook ever had possession of the money after Cook counted it and

gave it to Lawson. Cook did not agree to assist in replacing the

money or otherwise plan to replace the missing currency.

Also on March 19, Detective Brooks and Sergeant Mark

Dainty interviewed Cook. Cook told the investigators that his sole

involvement with the money was counting it at the scene. Cook

stated that he did not notarize Raczynski’s supplemental report or

authorize Raczynski to use his credentials.

Cook told the investigators to go to the Sheriff’s IT

department “and look at his log in times, IP Address, location of

the log in, etc.” Cook said that the IT records would establish that

he did not notarize the supplemental report. Cook also advised

Brooks and Dainty to contact Cook’s supervisor who would

confirm that he was out of county at training on the day that the

supplemental report was submitted and, therefore, could not have

notarized the report.

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6 Opinion of the Court 25-11869

D. The Arrest

Detective Brooks discussed the evidence with several people

in his chain of command in the sheriff’s office: Sergeant Dainty,

Lieutenant Dina Russell, Major Britt Williams, and Chief Larry

Williams. This group collectively made the decision to arrest Cook

because of his apparent involvement in Lawson and Raczynski’s

scheme to cover up the missing money. They reached this decision

without looking into Cook’s computer records or talking to his

supervisor about his alibi.

On March 19, 2021, Brooks arrested Cook and charged him

with one count of conspiracy to commit tampering with or

fabricating evidence. 2 Because of his arrest, Cook spent one day in

jail. On May 14, 2021, the prosecutor’s office dropped the charges

against Cook. In his amended complaint, Cook made no

allegations about any legal process that took place between his

arrest and the dismissal of the charges.

On the day of his arrest, Cook resigned from his deputy

position with the Polk County’s Sheriff’s Office and, since then, has

lost out on other law enforcement job opportunities because of

his arrest.

2 Raczynski was arrested and charged with (1) conspiracy to commit

tampering or fabricating evidence, (2) forgery, and (3) uttering a forged

instrument. Lawson was charged with conspiracy to commit tampering or

fabricating evidence.

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II. PROCEDURAL HISTORY

In his amended complaint, Cook sued (1) personnel in the

sheriff’s office Brooks, Dainty, Russell, Britt Williams, Larry

Williams, and Sergeant Taylor Plowden in their individual

capacities and (2) Sheriff Grady Judd in his individual and official

capacity. Cook raised claims of (1) false arrest and malicious

prosecution under 42 U.S.C. § 1983, and (2) false arrest under

state law.

All defendants moved to dismiss Cook’s amended complaint

under Federal Rule of Civil Procedure 12(b)(6), arguing that (1) the

defendants were entitled to qualified immunity because arguable

probable cause existed to arrest Cook; (2) Cook did not adequately

allege certain defendants’ personal involvement in his arrest; and

(3) Cook did not allege that he was arrested pursuant to a legal

process which defeated his malicious prosecution claims.

Cook filed a response in opposition to the motion to dismiss.

At the end of his response, in a conclusory fashion, Cook asked for

“a final chance to amend the pleadings.”

The district court granted the defendants’ motion to dismiss

as to Cook’s federal claims. For the false arrest claims, the district

court determined that the defendants had qualified immunity

because Cook’s arrest was supported by arguable probable cause.

As for the malicious prosecution claims, the district court

concluded that Cook failed to allege that his arrest was pursuant to

a legal process and did not identify any other seizure. Thus, Cook

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8 Opinion of the Court 25-11869

failed to allege one of the necessary elements of a malicious

prosecution claim.

The district court declined to exercise supplemental

jurisdiction over Cook’s state-law claims. As for Cook’s request for

a “final chance to amend” his complaint, the district court

determined that the request was procedurally improper and

denied it.

Cook moved for reconsideration, which the district court

denied, reasoning that Cook was merely attempting to relitigate his

prior arguments. Cook timely appealed.

III. DISCUSSION

A. False Arrest Claims

1. Qualified Immunity

“Qualified immunity gives government officials breathing

room to make reasonable but mistaken judgments about open

legal questions.” Lane v. Franks, 573 U.S. 228, 243 (2014) (quotation

marks omitted). If an official was acting within his discretionary

authority, the plaintiff must establish that the official is not entitled

to qualified immunity by showing the official’s conduct (1) violated

a constitutional right (2) that was clearly established at the time of

the official’s conduct. See Roberts v. Spielman, 643 F.3d 899, 904

(11th Cir. 2011). For a constitutional right to be clearly established,

“existing precedent must have placed the statutory or

constitutional question confronted by the official beyond debate.”

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25-11869 Opinion of the Court 9

Plumhoff v. Rickard, 572 U.S. 765, 779 (2014) (quotation marks

omitted).

Ordinarily, “it is proper to grant a motion to dismiss on

qualified immunity grounds when the complaint fails to allege the

violation of a clearly established constitutional right.” Corbitt v.

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

omitted). We review de novo the district court’s grant of qualified

immunity at the motion-to-dismiss stage. See Baker v. City of

Madison, 67 F.4th 1268, 1276 (11th Cir. 2023).

Here, it is undisputed that the defendant officers were acting

within their discretionary authority when they arrested Cook. So

we evaluate whether Cook has shown that his arrest violated his

clearly established constitutional rights.

2. Fourth Amendment and Probable Clause

“Under the Fourth Amendment, an individual has a right to

be free from unreasonable searches and seizures.” Skop v. City of

Atlanta, 485 F.3d 1130, 1137 (11th Cir. 2007) (quotation marks

omitted). “[A]n arrest is a seizure of the person.” Id.

“Probable cause to arrest exists when law enforcement

officials have facts and circumstances within their knowledge

sufficient to warrant a reasonable belief that the suspect had

committed or was committing a crime.” Id. (quoting United States

v. Floyd, 281 F.3d 1346, 1348 (11th Cir. 2002) (per curiam)).

“Probable cause does not require conclusive evidence and ‘is not a

high bar.’” Washington v. Howard, 25 F.4th 891, 899 (11th Cir. 2022)

(quoting District of Columbia v. Wesby, 583 U.S. 48, 57 (2018)).

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10 Opinion of the Court 25-11869

“An arresting officer is required to conduct a reasonable

investigation to establish probable cause.” Rankin v. Evans, 133

F.3d 1425, 1435 (11th Cir. 1998). “Where it would appear to a

cautious man that further investigation is justified before

instituting a proceeding, liability may attach for failure to do so,

especially where the information is readily obtainable, or where

the accused points out the sources of the information.” Id. at

1435-36 (citation modified). That said, an officer “need not take

every conceivable step at whatever cost, to eliminate the possibility

of convicting an innocent person.” Id. at 1436 (quoting Tillman v.

Coley, 886 F.2d 317, 321 (11th Cir. 1989)).

In the qualified immunity context, an officer need not have

actual probable cause; arguable probable cause is sufficient. See

Skop, 485 F.3d at 1137. “An officer has arguable probable cause if ‘a

reasonable officer, looking at the entire legal landscape at the time

of the arrests, could have interpreted the law as permitting the

arrests.’” Garcia v. Casey, 75 F.4th 1176, 1186 (11th Cir. 2023)

(quoting Wesby, 583 U.S. at 68). An officer may lack arguable

probable cause because: (1) “an existing precedent establishes that

there was no actual probable cause for an arrest on similar facts”;

(2) “the text of an applicable statute plainly precludes him from

making an arrest under that statute”; or (3) “the officer may have

been so lacking in evidence to support probable cause that the

arrest was obviously unconstitutional.” Id. at 1187.

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3. Criminal Conspiracy to Fabricate Evidence

Cook was arrested for conspiracy to tamper with or fabricate

evidence, in violation of Fla. Stat. §§ 918.13 and 777.04(3). The text

of the Florida statute criminalizing tampering with or fabricating

evidence states:

(1) It is unlawful for any person, knowing that a criminal

trial, proceeding, or investigation by a duly constituted

prosecuting authority, law enforcement agency, grand jury,

or legislative committee of this state is pending or is about

to be instituted, to:

(a) Alter, destroy, conceal, or remove any record,

document, or other item with the purpose to impair its

verity or availability in such proceeding or investigation;

or

(b) Make, present, or use any record, document, or other

item, knowing it to be false.

Fla. Stat. § 918.13.

As to the conspiracy element, a person is guilty of criminal

conspiracy if he “agrees, conspires, combines, or confederates with

another person or persons to commit any offense.” Fla. Stat.

§ 777.04(3). The Florida Supreme Court has explained the “crime

of conspiracy is defined as an agreement, express or implied,

between two or more people to commit an unlawful act.” Bradley

v. State , 787 So. 2d 732, 740 (Fla. 2001) (per curiam). “Conspiracy

can be proven by circumstantial evidence and thus a jury may infer

that an agreement existed to commit a crime from all the

surrounding and accompanying circumstances.” Id.

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12 Opinion of the Court 25-11869

“[U]nder Florida law, proof of an overt act in furtherance of

the conspiracy is not necessary to prove the crime of conspiracy.”

Williams v. State, 314 So. 3d 775, 788 (Fla. Dist. Ct. App. 2021)

(citing Slaughter v. State, 301 So. 2d 762, 765 (Fla. 1974)). “A

defendant may be guilty of conspiracy even if []he played only a

minor role in the total operation.” Id. at 789 (quotation marks

omitted).

In this case, an officer would commit the crime of tampering

or fabricating evidence if he (1) knew that a criminal investigation

or prosecution was pending and (2) made a document or record

knowing it to be false. See Fla. Stat. § 918.13. An officer who

submitted a supplemental report falsely attesting that $723 cash

was entered into evidence, when the officer knew the cash was

evidence in ongoing criminal proceedings, would be guilty of

tampering or fabricating with evidence. See id.

Critically here, Cook could be guilty of the charged

conspiracy to tamper with or fabricate evidence if he entered an

agreement to make such a false record. See Fla. Stat. § 777.04(3);

Bradley, 787 So. 2d at 740. Specifically, Cook could be guilty so long

as he entered such an agreement, even if he personally took no

overt act in furtherance of the conspiracy, and even if Raczynski

and Lawson were the main actors and Cook played only a “minor

role.” See Williams, 314 So. 3d at 788-89.

Importantly too, the officers did not need definitive proof

that Cook conspired to fabricate evidence before arresting him. See

Howard, 25 F.4th at 899. The officers only needed probable cause,

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25-11869 Opinion of the Court 13

or evidence “sufficient to warrant a reasonable belief” that Cook

had agreed to the scheme to submit a false report. See Skop, 485

F.3d at 1137. And to be protected from suit, the officers only

needed arguable probable cause, an even lower standard. See id.

4. Analysis

After review, we conclude the district court did not err in

concluding the defendant officers had arguable probable cause to

arrest Cook. As the district court pointed out (1) Cook conducted

the traffic stop and vehicle search with Raczynski and Lawson;

(2) Cook counted the money at the scene; (3) after suspicions arose

about the money, a supplemental report that appeared to be

notarized by Cook was submitted attesting to the entry of the cash

into evidence; and (4) the cash was never placed into evidence.

Based on these facts, the district court properly determined that a

reasonable officer could have believed that Cook entered an

agreement with Raczynski and Lawson to cover up the missing

cash by submitting a false report.

Cook argues that the district court erred by relying on the

fact that the supplemental report appeared to be notarized by him

because, taking his allegations in the amended complaint as true,

he did not notarize the report and did not allow Raczynski to use

his credentials to do so. Even without those allegations, Cook

asserts, the arresting officers at minimum had readily available

evidence that would show that Cook did not notarize the report.

Cook identifies two avenues of investigation that the

arresting officers chose not to pursue: (1) checking IT records to

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14 Opinion of the Court 25-11869

see that Cook was not logged on when the supplemental report

was submitted, and (2) talking to Cook’s supervisor who would say

that Cook was attending an out-of-county training when the

supplemental report was submitted. Cook notes that this potential

evidence was easily accessible to the arresting officers and pointed

to by Cook when the officers interviewed him.

But these avenues of investigation—the IT records and

Cook’s supervisor—would have shown only that Cook did not

personally notarize the supplemental report. Even with this

additional information, a reasonable officer could have believed

that (1) Cook gave Raczynski his password, (2) Cook authorized

Raczynski to use his password, and (3) Cook was working with

Raczynski and Lawson to cover up the missing money.

Granted, Raczynski and Cook told officers that Cook did not

permit Raczynski to use his password. Still, this does not

necessarily mean that the officers lacked arguable probable cause

and had to believe everything Raczynski said.

“Probable cause does not require officers to rule out a

suspect’s innocent explanation for suspicious facts,” and an officer

“need not resolve conflicting evidence in a manner favorable to the

suspect.” Howard, 25 F.4th at 902 (quoting Wesby, 583 U.S. at 61);

see also Davis v. City of Apopka, 78 F.4th 1326, 1349 (11th Cir. 2023)

(explaining that Eleventh Circuit precedent has never required

that, before making an arrest, an officer is required “to believe, or

to rule out, a suspect’s innocent explanation”).

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In other words, an officer can infer that a suspect is lying, so

long as that inference is reasonable under the totality of the

circumstances. See Wesby, 583 U.S. at 60. And as Cook’s own

allegations show, Raczynski lied to officers several times. Because

Raczynski’s story kept changing, the officers had “reason to

discredit everything []he had told them.” Id. at 60.

In sum, considering all of the information and circumstances

known to the officers at the time of the arrest, an officer could have

reasonably believed that Cook conspired with the other

deputies—Lawson and Raczynski—to submit the false

supplemental report. See Skop, 485 F.3d at 1137. This is true

notwithstanding Cook’s assertion of his innocence when

interviewed by the officers or any other evidence Cook points to in

his brief. See Howard, 25 F.4th at 902.

Even if the officers lacked actual probable cause, Cook fails

to show that they lacked arguable probable cause. Cook does not

point to “an existing precedent” with similar facts to his case. See

Garcia, 75 F.4th at 1187. Indeed, the district court’s order

thoroughly discussed this Court’s precedent and why our cases

finding no probable cause are distinguishable from Cook’s

situation. Cook does not argue that the officers were “plainly

preclude[d]” from arresting him under the text of the relevant

statutes, nor does he show that the arrest was so “obviously

unconstitutional” that the officers should not be entitled to

qualified immunity. See id.

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16 Opinion of the Court 25-11869

Because the defendant officers had at least arguable probable

cause to arrest Cook, the district court did not err by dismissing his

false arrest claims. See Corbitt, 929 F.3d at 1311. 3

B. Malicious Prosecution Claims

We first distinguish between false arrest and malicious

prosecution claims and the distinct seizures required for each

claim. Under the Fourth Amendment, a claim of false arrest

concerns a seizure without legal process, such as the warrantless

arrests here. Williams v. Aguirre, 965 F.3d 1147, 1158 (11th Cir.

2020). In contrast, a claim of malicious prosecution requires a

seizure “pursuant to legal process.” Id. (quoting Black v. Wigington,

811 F.3d 1259, 1267 (11th Cir. 2016)). Seizures pursuant to legal

process may include a warrant-based arrest and arrests following

arraignment, indictment, or a probable cause hearing. Id.

Here, the district court dismissed Cook’s malicious

prosecution claims because he failed to allege that his arrest was

pursuant to legal process and did not identify any additional

seizure. 4 Cook appears to concede that he did not allege seizure

pursuant to legal process. He argues that “discovery would reveal”

that he was subject to legal proceedings prior to his arrest. In a

footnote, Cook also notes that his request for leave to amend was

3 Because qualified immunity bars Cook’s false arrest claims, we do not

address the defendant’s alternative argument that Cook failed to adequately

alleged the involvement of the non-arresting defendants.

4 We review de novo the district court’s grant of a motion to dismiss for failure

to state a claim. Baker, 67 F.4th at 1276.

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25-11869 Opinion of the Court 17

denied, although he does not make any arguments about the denial

of leave to amend.

These arguments do not change that Cook’s amended

complaint failed to allege an essential element of a malicious

prosecution claim. See Williams, 965 F.3d at 1158. Accordingly, we

affirm the district court’s dismissal of the malicious

prosecution claims.

C. State Law Claims

Because the district court did not err in dismissing Cook’s

federal claims, it properly declined to exercise supplemental

jurisdiction over his state-law claims. See 28 U.S.C. § 1367(c)(3).

IV. CONCLUSION

For the above reasons we affirm the district court’s dismissal

of Cook’s false arrest and malicious prosecution claims under 42

U.S.C. § 1983 and the dismissal of his state-law false arrest claims.

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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