Opinion

ANDREW BRYANT SHEETS v. TONY PRIBBLE, in personal and professional capacity; LINDA ARMSTRONG, in personal and professional capacity; JULIE SEARGENT, in personal and professional capacity; ROBERT CESTARO, in personal and professional capacity; AND HECTOR FLORES, in personal and professional capacity

Court
District Court, M.D. Florida
Filed
Jul 24, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

ANDREW BRYANT SHEETS,

Plaintiff,

v. Case No.: 2:24-cv-958-SPC-KRH

TONY PRIBBLE, in personal and

professional capacity; LINDA

ARMSTRONG, in personal and

professional capacity; JULIE

SEARGENT, in personal and

professional capacity; ROBERT

CESTARO, in personal and

professional capacity; AND

HECTOR FLORES, in personal and

professional capacity,

Defendants.

OPINION AND ORDER

Before the Court are Defendants Linda Armstrong and Julie Seargent’s

Motion to Dismiss (Doc. 130) and Defendants Robert Cestaro, Hector Flores,

and Tony Pribble’s Motion to Dismiss (Doc. 131). Plaintiff Andrew Bryant

Sheets filed responses in opposition. (Docs. 134, 135). For the reasons set forth

below, the motions are granted.

Plaintiff filed an Opposed Motion for Leave to Amend Nunc Pro Tunc

(Doc. 136) seeking leave to “correct and clarify portions” of the Third Amended

Complaint to reflect that the polls were still open when Plaintiff was

trespassed. The motion is granted to the extent that the Court will consider

the clarifications set forth in the motion.

Legal Standard

A district court should dismiss a claim where a party fails to plead facts

that make the claim facially plausible. See Bell Atl. Corp. v. Twombly, 550

U.S. 544, 570 (2007). A claim is facially plausible when a court can draw a

reasonable inference, based on facts pled, that the opposing party is liable for

the alleged misconduct. See Ashcroft v. Iqbal, 556 U.S. 662, 668 (2009). When

considering a Rule 12(b)(6) motion, the reviewing court must accept all factual

allegations in the complaint as true and view them in a light most favorable to

the plaintiff. See Iqbal, 556 U.S. at 678. Pro se pleadings are held to a less

stringent standard and therefore liberally construed. Campbell v. Air Jam.

Ltd., 760 F.3d 1165, 1168 (11th Cir. 2014). The Court does not serve as de facto

counsel to a pro se party or rewrite deficient pleadings. See id. at 1168-69. Pro

se litigants are still required to conform to procedural rules. Albra v. Advan,

Inc., 490 F.3d 826, 829 (11th Cir. 2007).

Background

Andrew Bryant Sheets, who is a write-in candidate for the Office of

County Sheriff, wanted to video record and observe the closing of the polls.

Sheets states that the polls had not closed. (Doc. 129 at ¶¶ 28-30). Sheets

asked Julie Seargent, who was an election worker in charge, if he could record

the closing of the polls. Robert Cestaro was engaged in providing security for

the election and was performing a public duty as a contracted employee when

he kicked Sheets out of the library because of the “verbal debate” between

Sheets, Seargent and Linda Armstrong (Armstrong), a supervisor. (Id. at ¶¶

31-34). Armstrong directed Cestaro to remove Sheets even though he was

petitioning the government, and he alleges his viewpoint was protected speech.

(Id. at 40).

Tony Pribble was the Security Manager for Charlotte County and

advised Plaintiff that he could not video the closing of the polls. Sheets became

belligerent and was escorted out of the Mid County Library building. Pribble

advised Deputy M. Greenwood that he wanted a police report created and that

he was in the process of talking to the Charlotte County Administrator, Legal

Department, and the Supervisor of Elections office about issuing a trespass

warning for all county facilities. (Id. at 28). Sheets alleges that Pribble was

the moving force behind the trespass warning and the trespass was in

retaliation for protected speech. (Id. at 40–41). Hector Flores, county

administrator, drafted and signed the trespass warning. (Id. at 42). The

trespass warning lasted one year and prevented Sheets from attending a

historical advisory committee meeting at the Mid County Regional Library on

July 14, 2021. (Id. at 44).

Analysis

The Third Amended Complaint asserts three First Amendment claims

pursuant to 42 U.S.C. § 1983: (1) Count One alleges viewpoint discrimination

against all Defendants (Armstrong, Seargent, Flores, Pribble, and Cestaro) in

their individual capacity; (2) Count Two alleges prior restraint against Flores

in his official capacity; and (3) Count Three alleges retaliation for petitioning

the government for redress against all Defendants (Armstrong, Seargent,

Flores, Pribble, and Cestaro) in their personal capacity. All defendants move

to dismiss on two grounds: (1) Sheets was not granted leave to file an amended

complaint; and (2) Sheets cannot overcome qualified immunity. (Doc. 130 at

3–7; Doc. 131 at 3–7).

While the Court agrees that Sheets was not granted specific leave to

amend his complaint, the Court will permit Sheets to proceed on the Third

Amended Complaint, as supplemented by the Opposed Motion for Leave to

Amend Nunc Pro Tunc (Doc. 136). This leaves the issue of qualified immunity.

Qualified immunity is a question of law which may be asserted in a Rule

12(b)(6) motion to dismiss. See Smith ex rel. Smith v. Siegelman, 322 F.3d

1290, 1294 (11th Cir. 2003). Courts employ a burden-shifting analysis to

determine whether official conduct is protected by qualified immunity.

Huggins v. Sch. Dist. of Manatee Cnty., 151 F.4th 1268, 1278 (11th Cir. 2025).

First, the official must prove he or she was acting within the scope of their

discretionary authority when the alleged wrongful act occurred. Id.; DeMarcus

v. Univ. of S. Ala., 133 F.4th 1305, 1317 (11th Cir. 2025). The actions must

have been undertaken pursuant to the official’s duties within the scope of their

authority. Huggins, 151 F.4th at 1278. A district court looks to the general

nature of defendant’s action, temporarily disregarding the alleged

unconstitutionality of that act. Nute v. White, 152 F.4th 1311, 1317 (11th Cir.

2025).

Given the near-identical facts to prior pleadings, except for the reason

Sheets was kicked out of the library (i.e., being belligerent and argumentative

rather than violating Charlotte County Rule 8), the Court incorporates

previous findings that Defendants were acting within the scope of their

discretionary authority. Sheets v. Pribble, No. 2:24-CV-00958-JES-DNF, 2026

WL 820542, at *4–5 (M.D. Fla. Mar. 25, 2026).

The burden now shifts to Plaintiff to show that: (1) the conduct violated

his statutory or constitutional right; and (2) the right was clearly established

at the time of the challenged conduct. Huggins, 151 F.4th at 1278; Watkins v.

Davis, 156 F.4th 1084, 1097 (11th Cir. 2025). For the law to be clearly

established, “pre-existing law must dictate, that is, truly compel (not just

suggest or allow or raise a question about), the conclusion for every like-

situated, reasonable government agent that what defendant is doing violates

federal law in the circumstances.” King v. Pridmore, 961 F.3d 1135, 1145 (11th

Cir. 2020) (quoting Hudson v. Hall, 231 F.3d 1289, 1294 (11th. Cir. 2000)).

Plaintiff can show the law was “clearly established” in any of three ways:

(1) identifying a “materially similar case” that has been decided with facts

similar enough to give notice;1 (2) relying on a broader, clearly established

principle that should control the novel facts at hand; or (3) showing that the

officers’ conduct was so egregious that a constitutional right was clearly

violated, even in the total absence of case law. See Andre v. Clayton Cnty., 148

F.4th 1282, 1298 (11th Cir. 2025); Aguirre v. Seminole Cnty., 158 F.4th 1276,

1296–97 (11th Cir. 2025).

The Court has twice before considered Sheets’ claims and the issue of

qualified immunity. The first time, the Court found that the qualified

immunity defense could not be determined because Defendants failed to satisfy

their burden at the first step, i.e., that they were performing a legitimate job-

related function within their authorized power. The Court did not reach the

second step. Sheets v. Charlotte Cnty., No. 2:24-CV-958-JES-KCD, 2025 WL

1644084, at *5 (M.D. Fla. June 10, 2025). The second time, the Court found

that Defendants all acted within the scope of their discretionary authority, but

1 A plaintiff may only rely upon binding decisions of (1) the Supreme Court of the United

States; (2) the United States Court of Appeals for the Eleventh Circuit; and (3) the highest

court of the pertinent state, here the Florida Supreme Court. Wate v. Kubler, 839 F.3d 1012,

1018 (11th Cir. 2016).

that Sheets failed to meet his burden because there was no First Amendment

right to record the closing of the polls in the nonpublic forum library. “Under

the factual allegations in the SAC, it is unlikely that Sheets had a First

Amendment right to videotape the closing of the polls. Further, given the lack

of clarity on the bounds of the First Amendment right to record public officials,

it cannot be said that, in this context, such First Amendment right was clearly

established.” Sheets v. Pribble, No. 2:24-CV-00958-JES-DNF, 2026 WL

820542, at *8 (M.D. Fla. Mar. 25, 2026). As a result, the Court found that all

defendants were entitled to qualified immunity on the First Amendment

claims. The Court now considers the issue as applied to the Third Amended

Complaint.

In Count One, Sheets alleges the Defendants engaged in viewpoint

discrimination by kicking him out of the library for his viewpoint “that he is

allowed to record the closing of the polls.” In the motion, Sheets clarified that

he was trespassed for “merely arguing with public officials. The filming of the

polls was a future event. At the time when Mr. [S]heets was trespassed the

polls were still open.” (Doc. 129 at ¶ 58; Doc. 136 at 2). Defendants contend

that there is no clearly established constitutional right to record the closing of

the polls, and the new allegation of petitioning the government is contradicted

by paragraph 27 of the Third Amended Complaint and the incident report

attached to it. (Doc. 130 at 4, 6; Doc. 131 at 3, 5). In response, Sheets argues

that his “speech was unwelcomed” and the “giving of offense is a viewpoint.”

(Doc. 134 at 11). Sheets alleges that his viewpoint is the verbal challenge to

the policy against recording and Sheets argues that he would not have been

trespassed but for his petitioning and challenging the policy. (Id. at 12).

The Court previously found that Sheets did not state a claim for

viewpoint discrimination in Count One because filming provided no ideology,

opinion, or perspective. (Doc. 112 at 12–13). After Sheets amended, the Court

found that the anti-recording Rule was viewpoint neutral and reasonable in

light of the purpose served by the forum (library). “The Rule only bans

recording in County-owned buildings without consent or without the approval

of the County Administrator. Such general prohibitions, alongside the

exceptions, do not regulate speech based on the ‘specific motivating ideology or

the opinion or perspective of the speaker.’” Sheets v. Pribble, No. 2:24-CV-

00958-JES-DNF, 2026 WL 820542, at *6 (M.D. Fla. Mar. 25, 2026) (footnote

and citation omitted). Clarifying that the speech was belligerent or offensive

in its viewpoint does not alter this finding or lead to the conclusion that a

clearly established right was violated. While “public expression of ideas may

not be prohibited merely because the ideas are themselves offensive to some of

their hearers,” Matal v. Tam, 582 U.S. 218, 244 (2017) (collecting cases), the

incident report summarized in the Third Amended Complaint shows that

Deputy Greenwood was advised that Sheets wanted to record and observe the

closing of the polls. Sheets was advised he could not, and he became belligerent

and argumentative in response. There is nothing in the record to demonstrate

that Defendants were motivated by a desire to suppress a viewpoint. The

trespass warning came later. (Doc. 129 at ¶ 28).

Sheets fails to show a constitutional violation because he fails to allege

a comparator. To state a selective-enforcement claim, “a plaintiff must ‘make

a prima facie showing that he has been singled out for prosecution although

others similarly situated, who have committed the same acts, have not been

prosecuted.’” Bryan Media, Inc. v. City of St. Petersburg, No. 8:05-cv-291-T-

MSS, 2006 WL 8440094, at *5 (M.D. Fla. Dec. 11, 2006) (emphasis added)

(citation omitted), aff’d, 293 F. App’x 717 (11th Cir. 2008) (emphasis added).

In doing so, the plaintiff must show “that a comparator or, in other words,

‘others similarly situated’ have been treated differently than the plaintiff.”

Shadow Oaks, LLP v. City of Ocala, No. 5:21-cv-564-ACC-PRL, 2022 WL

22247808, at *5 (M.D. Fla. Nov. 4, 2022), report and recommendation adopted,

2022 WL 22247805 (Dec. 1, 2022). Without any allegations highlighting

another person similarly situated, Sheets cannot establish that it was his

viewpoint that was the motivating factor. See id. at *5–6 (stating that the

plaintiff cannot serve as their own comparator and other comparators offered

by plaintiff were not similarly situated because they did not commit the same

acts as the plaintiff). Therefore, to the extent that Sheets is still pursuing a

claim of viewpoint discrimination, such a claim is dismissed with prejudice, as

Defendants are entitled to qualified immunity.

In Count Three, Sheets alleges retaliation for petitioning the

government and questioning the authority of county employees. Sheets alleges

that this does not violate Rule 8 and that Armstrong, Seargent, Flores, Pribble,

and Cestaro retaliated against him. Sheets alleges that he was trespassed in

retaliation for his protected speech when he argued with public officials. In

the motion, Sheets references the right to be free from viewpoint

discrimination, “Verbal Debate, Petitioning of the Government.” (Doc. 129 at

¶¶ 87, 92–95; Doc. 136 at 3). In the response, Sheets states that he was

engaging in debate to obtain permission to film the polls after they closed and

that his “right to verbally challenge, government employees, to debate and be

critical of these employees” is protected. (Doc. 135 at 5).

The right to petition the government for a redress of grievances is “one

of the most precious of the liberties safeguarded by the Bill of Rights,” and is

“high in the hierarchy of First Amendment values.” DeMartini v. Town of Gulf

Stream, 942 F.3d 1277, 1288 (11th Cir. 2019) (citations omitted). To state a

retaliation claim, Sheets must show that (1) he engaged in a constitutionally

protected right like the right to petition the government for redress; (2) that

the trespass “adversely affected that protected” right; and (3) there is a causal

connection between the two. Id. at 1289. There are two approaches to these

types of claims:

One approach, typically used when a governmental

employee claims that he was fired because he engaged in

First Amendment activity, looks to whether the defendant

governmental employer's retaliatory motivation was the

but-for cause of the adverse employment decision. If not—

that is, if the defendant would have taken the same action

had there not also been a retaliatory animus motivating

that conduct—then the defendant is not liable. [] The

second approach—taken when the governmental

defendant has utilized the legal system to arrest or

prosecute the plaintiff—has been to require the plaintiff to

plead and prove an absence of probable cause as to the

challenged retaliatory arrest or prosecution in order to

establish the causation link between the defendant’s

retaliatory animus and the plaintiff’s injury. []

Id. (citations omitted). Under the second approach, “want of probable cause

must be alleged and proven.” Hartman v. Moore, 547 U.S. 250, 252 (2006).

The “causal connection required” is “between the retaliatory animus of one

person and the action of another.” Id. at 262. Neither approach applies to this

case by any stretch of the imagination. Sheets has not alleged that he is a

government employee nor that he was arrested or prosecuted absent probable

cause.

No matter how Sheets frames his First Amendment argument, whether

speech or redress, his position remains that he was arguing for the right to film

or record once the polls closed because his viewpoint is that it is permitted

under Rule 8. Defendants rejected the argument and refused access.

Demanding the right to record is not a “viewpoint” subject to protection, and

the Court has rejected Sheets’s “viewpoint” argument repeatedly. The motion

to dismiss is granted with prejudice as to Count Three.

In Count Two, Sheets alleges Flores, in his official capacity, violated his

First Amendment rights by failing to provide Sheets permission to record

county employees at the polling station. (Doc. 129 at ¶ 75). Sheets alleges that

Flores should have given “blanket permission to everyone” to record, that there

are no objective standards on who Flores may or may not give permission, and

by withholding permission Flores created a scheme that required prior

approval. (Id. at 76–77, 80). Plaintiff argues that the Rule provides “unbridled

discretion” to approve or forbid recording violates constitutional boundaries.

(Doc. 134 at 16–17).

As the Court discussed in the previous Opinion and Order (Doc. 128),

there is no First Amendment right to record the closing of polls. Sheets v.

Pribble, No. 2:24-CV-00958-JES-DNF, 2026 WL 820542, at *5 (M.D. Fla. Mar.

25, 2026). Without such First Amendment right, there is no underlying

constitutional violation to support Sheets’ Monell claim against Flores. See

City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986). Count Two is dismissed

with prejudice.

Accordingly, it is now

ORDERED:

(1) Plaintiff's Opposed Motion for Leave to Amend Nunc Pro Tunc

(Doc. 136) is GRANTED to the extent that the statements therein

were incorporated into the Third Amended Complaint.

(2) Defendants Linda Armstrong and Julie Seargent’s Motion to

Dismiss (Doc. 130) is GRANTED.

(8) Defendants Robert Cestaro, Hector Flores, and Tony Pribble’s

Motion to Dismiss (Doc. 131) 1s GRANTED.

(4) Counts 1-3 are DISMISSED with prejudice.

(5) The Clerk shall enter judgment dismissing the Third Amended

Complaint, as supplemented, with prejudice and close the file.

DONE and ORDERED at Fort Myers, Florida on July 24, 2026.

UNITED STATES DISTRICT JUDGE

Copies: Parties of record

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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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