3:25-cv-01264•LEWIS v. WINSTROM et al
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Page 1 of 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION PRESTON LEWIS, Plaintiff, v. Case No. 3:25cv1264-MCR-HTC ERIC WINSTROM,1 CHIEF OF PENSACOLA POLICE DEPARTMENT, et al., Defendants. __________________________/ ORDER and REPORT AND RECOMMENDATION Plaintiff Preston Lewis, proceeding pro se and in forma pauperis, filed this action alleging the Defendant Pensacola Police Department (“PPD”) officers violated his constitutional rights during a July 6, 2025 traffic stop. Doc. 6. Defendants, the Chief of Police and Officer Sidney Massey, have filed a motion to dismiss for failure to state a claim. Doc. 17. Upon consideration of Defendants’ motion (Doc. 17), Lewis’s opposition (Doc. 30), and the relevant law, the undersigned recommends the motion be GRANTED, and this case be DISMISSED WITH PREJUDICE as to the Chief of Police and Officer Massey. Additionally, the 1 The amended complaint names Eric Randall, former Chief of the PPD, in his official capacity, as a defendant. However, the Court had substituted Kristin Brown for Randall as Acting Chief, and will direct the clerk to substitute Eric Winstrom, current Chief, for Brown. Fed. R. Civ. P. 25(d). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 1 of 20
Page 2 of 20 Case No. 3:25cv1264-MCR-HTC undersigned finds the case should be dismissed without prejudice sua sponte as to the two John Doe Defendants for failure to state a claim. I. BACKGROUND Lewis sues the Chief of Police in his official capacity, and PPD Officers Massey, John Doe 1 K-9 Officer,2 and John Doe 2 in their individual and official capacities. The amended complaint contains the following allegations. On July 6, 2025, at approximately 10:30 p.m., Lewis was sitting in his legally parked, inoperable vehicle near the intersection of B and Belmont Streets in Pensacola. Officer Massey walked to Lewis’s vehicle and “seized him by way of detention,” saying Lewis’s driver’s license was suspended. Lewis handed Massey his valid driver’s license, insurance, and registration. Massey summoned additional units and specifically requested a canine unit “to escalate the encounter.” Officer Harris arrived with his canine, and John Doe 2 also arrived. Massey told the other officers that Lewis was “the one that Mayo tasered last month.” Lewis complied with Massey’s “unlawful” command to exit his vehicle. Officer Harris conducted a dog sniff around Lewis’s vehicle, but Lewis asserts the dog did not alert. “Despite the absence of probable cause,” Massey and Harris conducted a warrantless search of the vehicle without consent or lawful justification. 2 In their motion, the Defendants identify the K-9 Officer as Officer Zachary Harris. Doc. 17 at 4. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 2 of 20
Page 3 of 20 Case No. 3:25cv1264-MCR-HTC John Doe 2 patted down Lewis and searched his pockets “without consent, probable cause, or lawful justification.” The search did not yield any contraband or evidence of criminal activity. The officers released Lewis without arresting him or issuing a citation. Lewis claims the officers failed to activate their body-worn cameras during the encounter, violating PPD Policy N-10. Based on the foregoing, Lewis alleges seven claims: Counts I & II allege Officer Massey violated Lewis’s Fourth and Fourteenth Amendment rights, respectively; Counts III & IV allege John Doe 1 (Harris) and John Doe 2 violated his Fourth Amendment rights by searching his vehicle and person; Count V alleges a municipal liability claim against the City of Pensacola; Count VI alleges a conspiracy claim under 42 U.S.C. § 1985; and an unnumbered seventh claim alleges the City violated Lewis’s rights under the Civil Rights Act of 1866. As relief, Lewis seeks compensatory and punitive damages, as well as declaratory relief, injunctive relief, and attorneys’ fees. II. LEGAL STANDARD “To survive a motion to dismiss, a complaint must contain 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) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 3 of 20
Page 4 of 20 Case No. 3:25cv1264-MCR-HTC factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. The Court must liberally construe Lewis’s pro se allegations, Haines v. Kerner, 404 U.S. 519, 520-21 (1972), but conclusory allegations and legal conclusions couched as factual allegations are not entitled to a presumption of truth. Iqbal, 556 U.S. at 681; Papasan v. Allain, 478 U.S. 265, 286 (1986). III. DISCUSSION Although Lewis alleges in the amended complaint that the Defendant Officers failed to activate their body cameras, this allegation is false because Defendants submitted video footage from the body cameras worn by Officer Massey (Doc. 17- 1) and Officer Harris (Doc. 17-2) in support of their motion to dismiss. Because the video footage is central to Lewis’s claims and Lewis does not dispute or challenge its authenticity, the Court will consider it in resolving Defendants’ motion. See Johnson v. City of Atlanta, 107 F.4th 1292, 1300-1301 (11th Cir. 2024). As the Eleventh Circuit explained, “if a valid recording completely and clearly contradicts a party’s testimony, that testimony is not credible, and the court should disregard it.” Brooks v. Miller, 78 F.4th 1267, 1278 (11th Cir. 2023); see also Morton v. Kirkwood, 707 F.3d 1276, 1284 (11th Cir. 2013) (“[W]here an accurate video recording completely and clearly contradicts a party’s testimony, that testimony becomes incredible.”). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 4 of 20
Page 5 of 20 Case No. 3:25cv1264-MCR-HTC Under 28 U.S.C. § 1915, this same legal standard applies to a Court’s obligation to screen a complaint filed by a plaintiff proceeding in forma pauperis and dismiss the complaint or any part of it that fails to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2). Here, as discussed below, the video footage blatantly contradicts several of Lewis’s factual allegations, and shows that Lewis’s constitutional rights were not violated by either the named Defendants or the Doe Defendants. A. Lewis fails to state a claim under the Fourth or Fourteenth Amendments against Massey as alleged in Counts I and II. In Counts I and II, Lewis alleges Massey violated his Fourth Amendment rights by detaining him and violated his Fourteenth Amendment due process rights by “fabricating justification for detention and acting in retaliation.” However, Lewis’s allegations and the video footage show no Fourth Amendment violation occurred. 1. Count 1 – Illegal Detention In Count I, Lewis argues that Massey unlawfully detained him “without probable cause” when he walked up to Lewis’s vehicle, asked him for his license, and then asked him to exit the vehicle. As an initial matter, the video shows that it was not Massey who asked Lewis to exit the vehicle, but rather the K-9 Officer Harris gave that command. See Doc. 17-2 at 1:09-1:10. Regardless, Massey’s traffic stop of Lewis did not violate the Fourth Amendment. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 5 of 20
Page 6 of 20 Case No. 3:25cv1264-MCR-HTC As Lewis acknowledges in his response, even “[a]bsent probable cause to make an arrest, law enforcement officials may briefly detain a person as part of an investigatory stop if they have a reasonable articulable suspicion based on objective facts that the person has engaged in criminal activity.” United States v. Blackman, 66 F.3d 1572, 1576 (11th Cir. 1995); see Doc. 30 at 4 (arguing that “officers [had] no reasonable suspicion that Lewis was committing an ongoing crime”). Courts “examine ‘the totality of the circumstances’ to determine whether the police had ‘a particularized and objective basis for suspecting legal wrongdoing.’” United States v. Lindsey, 482 F.3d 1285, 1290 (11th Cir. 2007) (citation omitted). In addition, because Massey asserts he has qualified immunity, he cannot be liable for violating Lewis’s rights if he had “arguable” reasonable suspicion to support the stop. See Jackson v. Sauls, 206 F.3d 1156, 1166 (11th Cir. 2000) (“When an officer asserts qualified immunity, the issue is not whether reasonable suspicion existed in fact, but whether the officer had ‘arguable’ reasonable suspicion to support an investigatory stop.”). “[T]o determine whether the officers had arguable reasonable suspicion,” courts “must take the allegations in the complaint as true and analyze whether, under the facts as alleged, ‘a reasonable officer could have believed that the [stop] comported with the Fourth Amendment.’” Meshal v. Comm’r, Ga. Dep’t of Pub. Safety, 117 F.4th 1273, 1288 (11th Cir. 2024) (quoting Brent v. Ashley, 247 F.3d 1294, 1303 (11th Cir. 2001)). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 6 of 20
Page 7 of 20 Case No. 3:25cv1264-MCR-HTC Here, considering the totality of the circumstances, Massey had arguable reasonable suspicion to conduct a traffic stop. As depicted in the video, Lewis’s vehicle is parked on the side of a public street, with Lewis seated in the front driver’s seat, when Massey approaches the vehicle. After saying hello to Lewis, Massey calls dispatch and asks dispatch to run the license plate because he recognized it from a “prior call.” Doc. 17-1 at 0:19-0:21 (“We should have a prior call with this [license plate], can you run [a check on the plate] please?”). While waiting for dispatch to return the call, Massey speaks to Lewis through the closed car window. Massey tells Lewis he is familiar with Lewis from an incident a month ago where Lewis tried to run from law enforcement and was tased (id. at 1:04-1:11) and he is “pretty sure” Lewis does not have a license.3 Id. at 0:38-0:42. Massey also asks Lewis why he pulled over where he did, and later in the conversation asks Lewis why he is driving if he does not have a license. Id. at 1:40-1:45; 4:05-4:11. About a minute into the conversation, dispatch calls Massey back and tells him that the tag inquiry returned “Preston Lewis, ID only,” indicating Lewis did not have a driver’s license. Id. at 1:50-1:55. The interaction between Lewis and Massey, as seen in the video, shows Massey had arguable reasonable suspicion to ask Lewis for his driver’s license. 3 See State v. Lewis, Escambia County Case No. 2025 CF 2100. On June 3, 2025, Lewis was arrested for, among other things, driving while his driving privileges were suspended. He was found guilty of that offense in January 2026. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 7 of 20
Page 8 of 20 Case No. 3:25cv1264-MCR-HTC Massey was familiar with Lewis, was aware Lewis’s license had been suspended, and had just seen Lewis driving the vehicle. See United States v. Console, 2022 WL 2093050, at *2 (S.D. Fla. June 10, 2022) (finding officer’s testimony that he had observed vehicle make two traffic infractions before stopping the vehicle as sufficient probable cause to make a traffic stop). And, even if he had not just seen Lewis driving, the fact that Lewis was behind the wheel of the vehicle is sufficient to give Massey at least arguable reasonable suspicion that Lewis was driving the vehicle before it was parked. See United States v. Francisco, 2008 WL 11340065, at *13 (N.D. Ga. Aug. 18, 2008) (“Circumstantial evidence that a defendant was driving can be sufficient to convict for driving on a suspended license, even where no witness observes the defendant driving a vehicle.”). After dispatch tells Massey that the tag belongs to “Lewis, ID only,” Massey tells Lewis this is now a traffic stop because Lewis does not have a license.4 Doc. 17-1 at 2:34. Massey then asks Lewis for his registration and why he is driving if he does not have a license. Lewis states he does have a license and has just handed it to Massey. Id. at 4:10-4:14. As shown in the video, what Lewis handed Massey 4 Although Lewis does not specifically identify when he believes the “detention” occurred, the undersigned finds no reasonable person would have believed he could not terminate the encounter before Massey says, “This is a traffic stop now because you don’t have a license.” Doc. 17-1 at 2:34; see United States v. Ramirez, 476 F.3d 1231, 1238 (11th Cir. 2007) (“An initial detention becomes a consensual encounter if “a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter.”); see also Doc. 30 at 3 (Lewis states in his response, “A lawful roadside stop begins when a vehicle is pulled over for investigation of a traffic violation”). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 8 of 20
Page 9 of 20 Case No. 3:25cv1264-MCR-HTC was a folded-up paper, which he claimed was a valid Ohio driver’s license. See id. at 4:16-4:36. Massey then walks away and tells the other officers that he needs to “verify that.” Id. at 5:03-5:04; see United States v. DeJesus, 2009 WL 3488690, at *1 (M.D. Ala. Oct. 22, 2009) (finding officer had probable cause for initiating a traffic stop “on the basis that he suspected the paper tag … was not a valid license tag”). And, as K-9 Officer Harris reminded Massey,5 regardless of whether the Ohio license was valid, it is Lewis’s driving status in Florida that matters. See Fla. Stat. § 322.30(1); see Doc. 17-1 at 6:07-6:10. Thus, Massey had at least arguable reasonable suspicion to detain Lewis and investigate whether he was driving unlawfully. See, e.g., Kansas v. Glover, 589 U.S. 376, 381 (2020) (finding deputy had reasonable suspicion to initiate a traffic stop where deputy recognized the license plate on the driver’s truck and knew that the registered owner of the vehicle had a revoked license); see also McKally v. Perez, 87 F. Supp. 3d 1310 (S.D. Fla. Feb. 6, 2015) (finding that police officer’s observation of plaintiff driving on a suspended license was a factor in favor of arguable probable cause for arrest). Lewis’s Fourth Amendment claim against Massey in Count I should be dismissed. 5 Harris asks Massey if he has made a traffic stop and he says he has. Then Harris asks whether Massey wants Harris to walk the dog around the vehicle. Massey tells Harris to wait because the stop may be over if the Ohio license is valid. After Harris reminds Massey that Lewis’s driving status in Florida will trump his Ohio license, even if valid, Massey tells Harris to go ahead with the sniff. Doc. 17-1 at 5:57-6:16. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 9 of 20
Page 10 of 20 Case No. 3:25cv1264-MCR-HTC 2. Count II – Lewis fails to state a retaliation or Fourteenth Amendment claim against Massey. In Count II, Lewis claims Massey violated the “Fourteenth Amendment right to due process of law” by “fabricating justification for detention and acting in retaliation.” Doc. 6 at 12. As discussed above, however, Massey’s conduct was not unlawful. Thus, Lewis was not denied due process. Also, to the extent Lewis is attempting to state a claim for retaliation, such a claim falls under the First rather than Fourteenth Amendment. To state a § 1983 First Amendment retaliation claim, a plaintiff generally must show: (1) he engaged in constitutionally protected speech, such as his right to petition the government for redress; (2) the defendant’s retaliatory conduct adversely affected that protected speech; and (3) a causal connection exists between the defendant’s retaliatory conduct and the adverse effect on the plaintiff’s protected speech. DeMartini v. Town of Gulf Stream, 942 F.3d 1277, 1289 (11th Cir. 2019). Here, the only factual allegation Lewis incorporates into Count II is: “Massey said to the responding officers that’s the one that Mayo tasered last month.’ Doc. 6 at 8, ¶ 25. That statement, however, does not show that Lewis engaged in constitutionally protected speech, that Massey’s conduct adversely affected Lewis’s speech, or that a causal connection exists between Massey’s conduct and any protected speech engaged in by Lewis. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 10 of 20
Page 11 of 20 Case No. 3:25cv1264-MCR-HTC Also, in Lewis’s response, he alleges the retaliation was in response to complaints Lewis filed against the PPD. However, he has failed to allege Massey was aware of any of those complaints when he stopped Lewis. Thus, Lewis has failed to state a claim for retaliation under the First Amendment. Count II, therefore, should be dismissed. B. Lewis fails to state a claim against the Chief of Police in his official capacity.6 In Count V, Lewis seeks to hold the City liable for the officers’ conduct and contends the City failed to discipline or train them properly. In the unnumbered Count VII, Lewis alleges the City violated the Civil Rights Act of 1866. Both claims fail as a matter of law. 1. Municipal Liability Claim In Count V, Lewis alleges the City maintained customs, practices, and policies of deliberate indifference toward constitutional rights. To hold the City liable for the conduct of its employees under § 1983, “‘a plaintiff must show: (1) that his constitutional rights were violated; (2) that the [entity] had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy 6 A suit against the Chief and the officers in their official capacity is a suit against the City. See Busby v. City of Orlando, 931 F.2d 764, 776 (11th Cir. 1991) (“[W]hen an officer is sued under Section 1983 in his or her official capacity, the suit is simply ‘another way of pleading an action against an entity of which an officer is an agent.’ Such suits against municipal officers are therefore, in actuality, suits directly against the city that the officer represents.”) (quoting Kentucky v. Graham, 473 U.S. 159, 165 (1985)). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 11 of 20
Page 12 of 20 Case No. 3:25cv1264-MCR-HTC or custom caused the violation.’” Grochowski v. Clayton Cnty., 961 F.3d 1311, 1321 (11th Cir. 2020) (quoting McDowell v. Brown, 392 F.3d 1283, 1289 (11th Cir. 2004)). As an initial matter, for the reasons discussed above and below, Lewis has not established his rights were violated during the July 2025 encounter. Thus, there is no underlying constitutional violation for which the City could be held liable. See Knight ex rel. Kerr v. Miami-Dade Cnty., 856 F.3d 795, 821 (11th Cir. 2017) (“There can be no policy-based liability or supervisory liability when there is no underlying constitutional violation.”). Regardless, Lewis cannot establish a custom or policy because he has failed to identify a single incident, much less a series of incidents, involving constitutional violations by the PPD or its officers. He has failed to identify any meritorious complaint made against Harris, Massey, or another PPD officer, for committing the violations Lewis contends occurred here. See Gold v. City of Miami, 151 F.3d 1346, 1351 (11th Cir.1998) (finding no § 1983 municipal liability where plaintiff failed to present evidence of a single prior incident of false arrest for protected speech or excessive force in handcuffing); Mercado v. City of Orlando, 407 F.3d 1152, 1162 (11th Cir.2005) (finding no § 1983 municipal liability where, during discovery, plaintiff was given list of all cases involving excessive force, but could not show any of them involved a factual situation substantially similar to the case at hand). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 12 of 20
Page 13 of 20 Case No. 3:25cv1264-MCR-HTC Instead, what he offers are four incidents in which he claims he was unlawfully detained. The fact that Lewis believes he was unlawfully detained does not make it so. See Hesed-El v. McCord, 829 F. App’x 469, 472 (11th Cir. 2020) (affirming dismissal of claims when plaintiff alleged “he was arrested and prosecuted ‘without probable cause,’ but offered no plausible or non-conclusory facts to show why probable cause was lacking”). There has been no determination in any of the instances Lewis referenced that the officers violated his constitutional rights. Although Lewis filed a § 1983 action regarding the March 2024 incident, that matter remains pending. See Lewis v. Reeves, N.D. Fla. Case No. 3:25cv947- MCR-HTC (awaiting response to motion to dismiss). Thus, there has not been a determination that Lewis’s rights were violated in March 2024. Similarly, Lewis’s rights could not have been violated during the June 2024 encounter because Lewis admits he “exercised his right to terminate the conversation after a brief exchange,” indicating the encounter was consensual. See Florida v. Bostick, 501 U.S. 429, 434- 35 (1991) (“[E]ven when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual, ask to examine the individual’s identification, and request consent to search his or her luggage—as long as the police do not convey a message that compliance with their requests is required.”) (internal citations omitted). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 13 of 20
Page 14 of 20 Case No. 3:25cv1264-MCR-HTC Furthermore, four incidents occurring over a roughly 28-month period would not be sufficient to establish a custom or policy. See Depew v. City of St. Marys, Ga., 787 F.2d 1496, 1499 (11th Cir. 1986) (noting that “random acts or isolated incidents are insufficient to establish a custom or policy”) (citation omitted); Prieto v. Metro. Dade Cnty., 718 F. Supp. 934, 938-39 (S.D. Fla. 1989) (“[T]hese four isolated incidents involving only Prieto fall well short of proving a persistent and widespread practice sufficient to establish a policy or custom.”).7 Thus, Lewis’s municipal liability claim in Count V should be dismissed. 2. The Civil Rights Act of 1866. In the unnumbered seventh count, Lewis alleges the City deprived him of “property rights” in violation of the “Civil Rights Act of 1866.” Doc. 6 at 16. Section 1 of that statute has been codified in 42 U.S.C. § 1981(a) and states “[a]ll persons … shall have the same right … to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be 7 See also Ott v. City of Mobile, 169 F. Supp. 2d 1301, 1310–12 (S.D. Ala. Mar. 28, 2001) (holding that evidence of four substantiated complaints in the five years preceding the incident was insufficient to establish a question of fact regarding municipal liability under either a custom or policy or failure to train theory); Mindler v. Clayton County, 831 F. Supp. 856, 862 (N.D. Ga. July 22, 1993) (finding that three prior incidents over a six-year period was insufficient as a matter of law to create a question of fact as to municipal policy) (collecting cases); Gomez v. Metro Dade County, 801 F. Supp. 674, 679–80 (S.D. Fla. July 24, 1992) (“This Court finds as a matter of law that the allegations [of four previous incidents] offered by Gomez as support for her theory that a de facto custom existed are nothing more than isolated incidents that clearly cannot be said to establish or create a ‘custom’ or ‘widespread practice.’”). Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 14 of 20
Page 15 of 20 Case No. 3:25cv1264-MCR-HTC subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” While Lewis claims he was deprived of the “equal benefit of all laws” due to the Defendants’ deliberate indifference “to known systemic failures that disproportionately impact minority communities,” these conclusory allegations are insufficient to state a claim. In addition, as explained below, Lewis has not alleged any facts suggesting he was subject to racial discrimination. C. Counts III and IV – the illegal search claims against the John Doe officers should be dismissed sua sponte under § 1915(e). Although the John Doe officers have not been served because Lewis did not identify them, as stated above, because Lewis is proceeding in forma pauperis, the Court has an independent obligation to screen the complaint under § 1915(e). In doing so, the undersigned finds that Lewis’s claims against these officers should be dismissed for the same reason as the claims against Massey – the video footage contradicts Lewis’s factual allegations and shows the officers had probable cause and consent to search Lewis’s vehicle and his person, respectively. 1. Canine sniff search and search of Lewis’s vehicle by the K-9 Officer (Harris) In Count III, Lewis takes issue with being asked to exit his vehicle and contends the K-9 Officer, Harris, conducted an unlawful “canine sniff” and search of the vehicle. The undersigned disagrees. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 15 of 20
Page 16 of 20 Case No. 3:25cv1264-MCR-HTC First, “[o]nce a vehicle is lawfully stopped, an officer may order the occupants to exit the vehicle.” See United States v. Bishop, 940 F.3d 1242, 1248 (11th Cir. 2019). Thus, because Massey’s detention of Lewis was lawful, Harris had the right to ask Lewis to exit the vehicle. See State v. Creller, 386 So. 3d 487, 495 (Fla. 2024) (“We hold that binding Fourth Amendment precedent permits a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep.”). Second, although Lewis alleges otherwise, the video evidence shows that during the sniff, the canine provided an alert next to the driver’s side door of Lewis’s vehicle. Doc. 17-2 at 2:35. That alert provided the officers with probable cause to conduct a warrantless search of Lewis’s vehicle. See United States v. Nelson, 309 F. App’x 373, 375 (11th Cir. 2009) (“In the case of dog sniffs, probable cause arises when a drug-trained canine alerts to drugs.”) (quotation marks and citation omitted). Accordingly, neither the order to exit the vehicle, nor the search of the vehicle, violated the Fourth Amendment, and the unlawful search claims in Count III should be dismissed. 2. Officer Doe 2’s search of Lewis’s pocket In Count IV, Lewis claims John Doe 2 violated the Fourth Amendment by patting him down and searching his pockets. However, “law enforcement officers may search an individual without a warrant” as long as they obtain the individual’s Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 16 of 20
Page 17 of 20 Case No. 3:25cv1264-MCR-HTC consent. United States v. Blake, 888 F.2d 795, 798 (11th Cir. 1989) (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 219-22 (1973)). When officers obtain voluntary consent, they need neither reasonable suspicion nor probable cause to conduct a search. Id. While Lewis alleges he did not consent to a search of his person (Doc. 6 at 13), the body camera footage, once again, shows otherwise. After Lewis steps out of his vehicle, Harris asks Lewis, “Hey Preston is it okay if this officer searches you to make sure there’s nothing on you, Preston?” Doc. 17-2 at 1:29-1:32. Lewis can be heard on video saying, “Yeah.” Id. at 1:33. Because Lewis consented to the pat- down search, it did not violate the Fourth Amendment. See Schneckloth, 412 U.S. at 219 (stating it is “well settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent”). Therefore, Count IV against Officer John Doe 2 should be dismissed. D. Lewis fails to state a claim under 42 U.S.C. § 1985 against the Officers. In Count VI, Lewis brings a conspiracy claim against all the officers under 42 U.S.C. § 1985. “A claim for conspiracy to interfere with civil rights under § 1985(3) requires factual allegations showing: (1) the existence of a conspiracy; (2) for the purpose of depriving a person of equal protection under the law; (3) an act in furtherance of the conspiracy; and (4) a resultant injury or deprivation of a Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 17 of 20
Page 18 of 20 Case No. 3:25cv1264-MCR-HTC constitutional right.” Tobin v. Moody, 2025 WL 1213866, at *3 (N.D. Fla. Jan. 14, 2025) (collecting cases). The second element “requires proof that a conspirator’s action was motivated by a ‘class-based, invidiously discriminatory animus.’” Id. (quoting Griffin v. Breckenridge, 403 U.S. 88, 102 (1971)). Here, Lewis alleges the Defendants “conspired to deprive [him], a African American male, of the equal protection of the laws and of equal privileges and immunities under the law by engaging in a coordinated, pretextual, and discriminatory seizure and search, thereby violating 42 U.S.C. § 1985 and interfering with [his] right to travel and engage in commerce.” Doc. 6 at 15-16. This allegation of a conspiracy is entirely conclusory and insufficient to support a claim under § 1985. See Guillaume v. United States, 2025 WL 2610053, at *3 (11th Cir. Sept. 10, 2025) (holding plaintiff failed to state a § 1985 claim because his allegations consisted of “conclusory statements that assume the defendants had conspired with each other without providing facts that plausibly state such a claim”). Furthermore, nothing in the amended complaint or the video footage indicates the Defendants discriminated against Lewis based on his membership in a protected class. See Griffin, 403 U.S. at 102 (explaining a § 1985 claim requires “some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action”). To the contrary, Lewis suggests Massey “harassed” him due to his prior encounters with the PPD. But even if true, that does Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 18 of 20
Page 19 of 20 Case No. 3:25cv1264-MCR-HTC not demonstrate the class-based discrimination needed to support a § 1985(3) claim. See Fla. Carry, Inc. v. City of Miami Beach, 564 F. Supp. 3d 1213, 1237 (S.D. Fla. Sept. 30, 2021) (awarding summary judgment to defendants because plaintiffs failed show defendants’ conduct “was motivated by Defendants’ animus towards [them], as opposed to a legitimate purpose like public safety”). Therefore, the § 1985(3) conspiracy claim in Count VI should be dismissed. IV. CONCLUSION Based on the foregoing, Defendants’ motion to dismiss should be granted and this action dismissed as to all defendants. Also, because Lewis has already had an opportunity to amend his complaint, no further amendments should be allowed. Accordingly, it is ORDERED: 1. The clerk shall substitute Eric Winstrom, Chief of Police, for Kristin Brown, Acting Chief of Police, and shall also substitute Zachary Harris, for John Doe K-9 Officer. And it is further RECOMMENDED that: 1. Defendants’ Motion to Dismiss (Doc. 17) be GRANTED and Lewis’s claims against the Chief of Police and Massey be DISMISSED WITH PREJUDICE. 2. Lewis’s claims against Harris and John Doe 2 be DISMISSED WITHOUT PREJUDICE sua sponte under § 1915(e)(2)(B) for failure to state a claim. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 19 of 20
Page 20 of 20 Case No. 3:25cv1264-MCR-HTC 3. The clerk close the file. At Pensacola, Florida, this 12 th day of March, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-01264-MCR-HTC Document 31 Filed 03/12/26 Page 20 of 20
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