PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al.

CourtDistrict Court, M.D. Florida
DecidedMarch 31, 2026
Docket8:25-cv-00138
StatusUnknown

This text of PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al. (PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al., (M.D. Fla. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

PETER HENEEN,

Plaintiff,

v. Case No. 8:25-cv-138-TPB-LSG

DEPUTY JOSHUA JUDAH, et al.,

Defendants. ____________________________ /

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on “Defendants’ Motion to Dismiss Complaint.” (Doc. 17-1). Plaintiff filed a response to the motion (Doc. 29) on July 19, 2025, and a notice of supplemental authority (Doc. 32) on September 15, 2025. Following a hearing on September 17, 2025, the Court converted the motion to dismiss into a motion for summary judgment. See (Docs. 30; 34). The parties filed supplemental legal memoranda on October 17, 2025, and reply memoranda on October 24, 2025. (Docs. 35; 36; 37; 38). Based upon the motion, response, argument of counsel, supplemental memoranda and replies, court file, and record, the Court finds as follows: Background This § 1983 case arises from Plaintiff Peter Heneen’s arrest and criminal prosecution for transmitting threatening messages using his Facebook Messenger account. Plaintiff and Joshua Judah were both employed as Deputy Sheriffs by the Polk County Sheriff’s Office on January 6, 2021. In the state of Florida, Deputy Sheriffs are sworn law enforcement officers. Plaintiff appears to have viewed a

video relating to the political demonstration and ensuing events at the United States Capitol building in Washington, D.C. that same day. Plaintiff’s communications with his co-worker Judah concerning these events ultimately led to Plaintiff’s criminal prosecution and the subsequent termination of his employment as a law enforcement officer. Plaintiff alleges that his arrest and criminal prosecution based on these communications were improper and constituted a

violation of his First and Fourth Amendment rights. On January 6, 2021, Plaintiff sent to Judah over Facebook Messenger a video relating to the Capitol incursion during which a member of the Capitol Police fatally shot one of the intruders. Plaintiff’s message stated, “[t]hat was fucking murder!” and indicated that the Capitol Police agent should be shot: “Need to shoot that bitch back” and “[f]uck the feds[.]” Judah, apparently misunderstanding “that bitch” to refer to the intruder, stated, “[a]nd they did[.]” Plaintiff clarified, “[n]o shoot the

fed[,]” “[n]eed to make the streets of DC run red with the blood of these tyrants[,]” and “[s]hould have drug those tyrants out into the streets and executed them[.]” Judah cautioned Plaintiff that the expression of his views would be “why you will disappear one night without a trace[.]” Plaintiff responded, among other things, “[b]ullshit I’ll fucking kill bitches[,]” “[f]uck the federal government[,]” and the “FBI are corrupt they are all corrupt[.]” Judah cautioned Plaintiff that he would only “get” one or two government agents before being “taken out,” to which Plaintiff responded, “[n]ah I got a plan for that at least I’ll take them[.]” He further stated he would “fucking kill them all” and that he had “[his] shit next to his

bed” “[r]eady to go[.]” Judah then warned Plaintiff that he would be putting the lives of his wife and children at risk. Plaintiff responded that he would “slit their throats if they touch [his] family[,]” and that he would “make them suffer[.]” When Judah stated that Plaintiff would not be able to do anything if he were already dead and that Plaintiff would “lose that fight,” Plaintiff responded, “[u]nless you take the fight to them[,]” and further stated that Plaintiff would not be alone but would

include “all other patriots and militias[,]” that “it’s not over[,]” and that “any cop or military who stands in the way is the enemy.” On January 8, 2021, during Judah’s next shift with the Sheriff’s Office, Judah showed the Facebook conversation to his supervisor. That same night a SWAT team arrived at Plaintiff’s residence at 9:30 p.m. and served Plaintiff with administrative paperwork placing him on paid leave from the Sheriff’s Office. On January 11, 2021, Defendant Detective Steven Goreck opened an investigation into

Plaintiff for possible violation of a Florida criminal statute, § 836.10, F.S., which prohibits written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. Search warrants were obtained relating to Plaintiff’s Facebook account. Law enforcement officers arrested Plaintiff on January 19, 2021, for violating § 836.10, F.S. Additional search warrants were thereafter obtained for Plaintiff’s vehicle and iPhone. Plaintiff was released on bail later that day. On the same day, Plaintiff was charged by information with transmitting a threat in writing to conduct a mass shooting or an act of terrorism in a manner that would allow another person to view the threat, in violation of § 836.10, F.S, a

second-degree felony with a potential sentence of fifteen years imprisonment. In exchange for a nolle prosequi in the criminal action, Plaintiff entered into a felony diversion contract on August 1, 2021, with terms that included Plaintiff’s resignation from the Polk County Sheriff’s Office and waiver of the right to bring a related civil action.1 The State Attorney’s Office dropped the criminal charges thereafter.

On January 17, 2025, Plaintiff filed this action against Defendants Judah, Goreck, Detective Michael Kennon, Detective Shannon Gaylord, and Sergeant David Lopez, in their individual capacities, and against Sheriff Grady Judd in his individual and official capacity. Plaintiff asserts claims against each Defendant under § 1983 for false arrest in violation of the Fourth Amendment (Counts I-VI), for malicious prosecution in violation of the Fourth Amendment (Counts VII-XII), and for retaliatory arrest in violation of Plaintiff’s right to freedom of speech under

the First Amendment (Counts XIII-XVIII). Plaintiff also asserts state law false arrest claims against Sheriff Judd in his official capacity for the actions of each of his co-defendants (Counts XIX-XXIII), and state law false arrest and malicious prosecution claims against Sheriff Judd, individually (Counts XXIV-XXV). Defendants have moved for summary judgment on all claims.

1 Defendants’ motion does not raise this as a defense. Legal Standard Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a

matter of law.” Fed. R. Civ. P. 56(a). A properly supported motion for summary judgment is not defeated by the existence of a factual dispute. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Only the existence of a genuine issue of material fact will preclude summary judgment. Id. The moving party bears the initial burden of showing that there are no genuine issues of material fact. Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256,

1260 (11th Cir. 2004). When the moving party has discharged its burden, the nonmoving party must then designate specific facts showing the existence of genuine issues of material fact. Jeffery v. Sarasota White Sox, Inc., 64 F.3d 590, 593-94 (11th Cir. 1995). If there is a conflict between the parties’ allegations or evidence, the nonmoving party’s evidence is presumed to be true and all reasonable inferences must be drawn in the nonmoving party’s favor. Shotz v. City of Plantation, 344 F.3d 1161, 1164 (11th Cir. 2003).

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PETER HENEEN v. DEPUTY JOSHUA JUDAH, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/peter-heneen-v-deputy-joshua-judah-et-al-flmd-2026.