Eiras v. Florida

239 F.Supp.3d 1331

Christopher J. EIRAS, Plaintiff,

v.State of FLORIDA Department of Business & Professional Regulation Division of Alcoholic Beverages and Tobacco, et al., Defendants.

Case No. 3:16–cv–231–J–34PDB

United States District Court, M.D. Florida, Jacksonville Division.

Signed March 07, 2017

Neil Patrick O'Brien, Thomas D. Roebig, Jr., Wilfried Hermann Florin, Eric P. Czelusta, Florin Roebig, PA, Palm Harbor, FL, for Plaintiff.

Candace Weeks Padgett, Vernis & Bowling, Michael Lee Glass, Paul Michael Eza, Stone, Glass & Connolly, LLP, Jacksonville, FL, for Defendants.

ORDER

MARCIA MORALES HOWARD, United States District Judge

THIS CAUSE is before the Court on (1) Defendant State of Florida Department of Business & Professional Regulation's Motion to Dismiss Counts III and V of Plaintiff's Complaint (Doc. No. 4; DB & PR's Motion),¹ filed on March 16, 2016, and (2) Defendant Eugene R. Baker, Jr.'s Motion to Dismiss Plaintiff's Complaint² [sic] (Doc. No. 6; Baker's Motion), filed on March 21, 2016 (collectively, the Motions). On March 30, 2016, Plaintiff filed a response in opposition to DB & PR's Motion (Doc. No. 7; DB & PR Response) and to Baker's Motion (Doc. No. 8; Baker Response).

I. Procedural History and Factual Background³

In the Complaint and Demand for Jury Trial (Doc. No. 2; Complaint), Plaintiff, Christopher J. Eiras (Eiras or Plaintiff) asserts that he was falsely arrested and maliciously prosecuted by DB & PR and Baker, a DB & PR agent, in violation of federal and Florida law. Specifically, Eiras alleges that pursuant to a 2003 court order seeking to avoid the spoliation of evidence, his company, Happy Vodka Corporation (Happy Vodka), had "to maintain remnant drums [of alcohol] from their initial US production."⁴ See Complaint ¶ 10. When the litigation involving the drums of alcohol settled in April 2005, Eiras moved the drums to "a licensed location, owned by Florida Distillers." Id. at ¶ 11. In 2007, Florida Distillers faced bankruptcy and asked Eiras to give possession of the drums to Liquor Group Wholesale, Inc. (Liquor Group).⁵ Id. at ¶ 13. Eiras alleges that he mailed a letter, which he attaches as Exhibit A to the Complaint, to DB & PR's director to update him on the status of the drums.⁶ Id. at ¶ 14, Ex. A. Liquor Group stored the drums at a U.S. Customs Bonded Warehouse until 2010. Id. at ¶ 15. Liquor Group then moved the drums to a warehouse located at 1431 West 16 ^th Street, Jacksonville, FL 32209. Id. at ¶ 16. On April 24, 2012, the warehouse faced foreclosure and Mark Farrell (Farrell) was appointed as receiver, making him Liquor Group's landlord. Id. at ¶ 17. Farrell demanded that Liquor Group remove the drums, and when Liquor Group refused, he initiated a contempt proceeding in state court against Eiras. Id. at ¶¶ 18–19. The state court ordered Eiras "to remove the drums from the property and furthermore follow any subsequent instructions issued by Farrell related to this property." [sic]. Id. at ¶ 19. As a result, Liquor Group moved the drums to a tractor-trailer located on Farrell's property, but separate and apart from the warehouse and all other structures. Id. at ¶¶ 20–21. When Farrell again demanded that Eiras move the drums, "Eiras had the drums put on a thirty-day round trip across the state with a common-carrier service," to lawfully remove them from the property. Id. at ¶ 22.

On May 25, 2012, Baker and DB & PR obtained a search warrant and seized Eiras's trailer from a different warehouse in Jacksonville, Florida. Id. at ¶ 23. In response, on June 4, 2012, Eiras sent a certified letter to DB & PR and Baker, which he attaches to the Complaint as Exhibit D, in which he explains the location of the drums. Id. at ¶ 24, Ex. D (the Letter). On August 29, 2012, Baker arrested Eiras and charged him "with sixty-one (61) counts of Moving or Concealing Alcoholic Beverages with the Intent to Defraud the State of Excise Tax, eight (8) counts of Submitting False Records to Avoid Excise Tax, and one (1) count of Storage of Alcoholic Beverages off the Licensed Premises." Id. at ¶ 25.⁷

Based on these allegations, on February 4, 2016, Eiras filed his five count Complaintin the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida. On March 10, 2016, DB & PR removed the action to this Court. See DB & PR's Notice of Removal (Doc. No. 1; Notice). In Count I of the Complaint, Eiras alleges that Baker violated 42 U.S.C. § 1983 ( Section 1983 ) by executing a false arrest and thereby depriving him of his rights under the Fourth Amendment to the United States Constitution. See Complaint ¶ 29. In Counts II and III, Eiras asserts false arrest claims against Baker and DB & PR, respectively, under Florida law. Id. at ¶¶ 31–40. In Count IV, Eiras asserts a claim against Baker for malicious prosecution under Florida law. Id. at ¶¶ 41–44. Finally, in Count V, Eiras alleges that DB & PR violated Section 1983 by maliciously prosecuting him in violation of the Fourth and Fourteenth Amendments to the United States Constitution. Id. at ¶¶ 45–48. On March 16, 2016, DB & PR filed the DB & PR Motion, and on March 21, 2016, Baker filed the Baker Motion. Eiras has responded to both Motions. As the Motions are fully briefed, the Court addresses them here.

II. Standard of Review

In ruling on a motion to dismiss, the Court must accept the factual allegations set forth in the complaint as true. See Ashcroft v. Iqbal , 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) ; Swierkiewicz v. Sorema N.A. , 534 U.S. 506, 508, n 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) ; see also Lotierzo v. Woman's World Med. Ctr., Inc. , 278 F.3d 1180, 1182 (11th Cir. 2002). In addition, all reasonable inferences should be drawn in favor of the plaintiff. See Omar ex. rel. Cannon v. Lindsey , 334 F.3d 1246, 1247 (11th Cir. 2003) (per curiam). Nonetheless, the plaintiff must still meet some minimal pleading requirements. Jackson v. BellSouth Telecomm. , 372 F.3d 1250, 1262–63 (11th Cir. 2004) (citations omitted). Indeed, while "[s]pecific facts are not necessary," the complaint should " ‘give the defendant fair notice of what the...claim is and the grounds upon which it rests.’ " Erickson v. Pardus , 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Further, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Twombly , 550 U.S. at 570, 127 S.Ct. 1955. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal , 129 S.Ct. at 1949 (citing Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ).

A "plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly , 550 U.S. at 555, 127 S.Ct. 1955 (citations omitted); see also BellSouth Telecomm. , 372 F.3d at 1262 (explaining that "conclusory allegations, unwarranted deductions of facts or legal conclusions masquerading as facts will not prevent dismissal") (citations and quotations omitted). Indeed, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions," which simply "are not entitled to [an] assumption of truth." See Iqbal , 129 S.Ct. at 1949, 1951. Thus, in ruling on a motion to dismiss, the Court must determine whether the complaint contains "sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ " Id. at 1949 (quoting Twombly , 550 U.S. at 570, 127 S.Ct. 1955 ).

III. Discussion

For the reasons discussed below, to the extent the Baker Motion seeks dismissal of Eiras's claim of false arrest under Florida law set forth in Count II of the Complaint, the Motion is due to be granted, but to the extent he seeks to dismiss the claims in Counts I and IV for false arrest under federal law and malicious prosecution under state law, respectively, the Motion is due to be denied. Additionally, DB & PR's request to dismiss Count III of the Complaint, which asserts a claim of false arrest under Florida law is due to be granted, but its request to dismiss Count V, which asserts a claim for malicious prosecution under federal law, is due to be denied. The Court will first address Eiras's federal claims and then turn to Eiras's Florida law claims.

A. Federal Claims against Baker and DB & PR (Counts I and V)

Eiras alleges constitutional violations by Baker and DB & PR under 42 U.S.C. § 1983 arising from his arrest and prosecution.⁸ In order to "prevail on a claim under [ 42 U.S.C.] § 1983, a plaintiff must demonstrate both (1) that the defendant deprived h[im] of a right secured under the Constitution or federal law and (2) that such a deprivation occurred under color of state law." Arrington v. Cobb Cnty. , 139 F.3d 865, 872 (11th Cir. 1998). Eiras alleges that Defendants violated his Fourth Amendment rights by falsely arresting him (Count I asserted against Baker) and maliciously prosecuting him (Count V asserted against DB & PR). He further alleges that "[a]t all times material hereto, Defendants [DB & PR] and BAKER acted toward Plaintiff under color of the statutes, ordinances, customs, and usage of the State of Florida, the Department of Business and Professional Regulation, and the Division of Alcoholic Beverages and Tobacco." See Complaint ¶ 6.

The Eleventh Circuit has "identified a false arrest as a violation of the Fourth Amendment and a viable claim under [ Section] 1983." Jones v. Brown , 649 Fed.Appx. 889, 890 (11th Cir. 2016).⁹ A false arrest is "defined as ‘the unlawful restraint of a person against his will, the gist of which action is the unlawful detention of the plaintiff and the deprivation of his liberty.’ " Bartley v....