DeSantis pushed for protesters’ arrests without probable cause, ex-official says in lawsuit

Video above from April 2, 2024: Migrants flown to Martha’s Vineyard by Florida Gov. Ron DeSantis can sue charter flight company

TAMPA, Fla. (WFLA) — A former Florida Department of Law Enforcement chief was forced to retire after he refused to comply with “unlawful” orders from Gov. Ron DeSantis to arrest demonstrators without probable cause and illegally obtain photographs of migrants, according to a lawsuit filed on Thursday.

Shane Desguin filed the lawsuit against DeSantis and the FDLE, claiming that he was retaliated against for whistleblower activities. Desguin was with the department from 2005 until his “wrongful termination” on Nov. 17, 2023, according to the suit.

Desguin claims he was forced to retire or be fired.

“His termination was imminent and no reasonable person would have remained employed with Defendant under these circumstances,” the suit states.

An FDLE spokesperson said they have not yet received the lawsuit, but the agency does not comment on pending litigation. The governor’s office has not yet responded to a request for comment.

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Desguin, along with DeSantis’s public safety and immigration czar, Larry Keefe, were made aware of charter flights arriving in Jacksonville that they believed were transporting migrants into Florida, according to the lawsuit.

Keefe, who is not accused of any wrongdoing, told Desguin that DeSantis wanted information about the migrants, including photographs, criminal records and their destinations.

Keefe told the FDLE to “procure photographs, biometric data, and any other pertinent information by engaging with migrants at the airport,” according to the lawsuit.

Desguin told Keefe multiple times that FDLE couldn’t conduct name checks, take photos or compile intelligence files without criminal predicate or reasonable suspicion, “as those actions would be unlawful.”

Keefe became “weary” of Desguin’s “constant emphasis on reasonable suspicion and criminal predicate,” telling him that there would be “adverse consequences” if he didn’t comply, according to the lawsuit.

During discussions about DeSantis’s desire to transport migrants to other states, Desguin raised objections about potential false imprisonment or kidnapping, according to the lawsuit.

In September 2023, neo-Nazi demonstrators were in Orlando. At the time, DeSantis was running for president, and he wanted to see someone arrested, the lawsuit states.

Desguin told DeSantis’s Chief of Staff, Alex Kelly, that the FDLE could not just arrest a person who is expressing their First Amendment rights.

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“I don’t think you understand,” Kelly replied, according to the lawsuit. “If you look hard enough, you can find a way. The Governor wants someone arrested today. He will stand by you in any arrest.”

Desguin insisted that without probable cause, an arrest would be unconstitutional and illegal.

“Numerous objections were voiced by FDLE employees, including [Desguin], asserting that they could not simply arrest someone solely because [DeSantis] desired it,” the lawsuit reads.

A month later, Desguin was involved in a meeting over public records surrounding DeSantis’ travel records.

Desguin and Janine Robinson, an FDLE attorney, believed that not releasing the travel records was a violation of public records law. Robinson’s promotion, which was recommended by Desguin and had been authorized, was denied days later.

The Washington Post sued DeSantis over withholding the release of the travel records, claiming the law shielding the release of the records is unconstitutional. Desguin and another FDLE employee filed sworn statements in that lawsuit.

Desguin had been the subject of an investigation surrounding workplace misconduct, which was completed in May.

“As evidenced by the findings of this investigation (which included testimonies of dozens of employees), Shane Desguin and Patricia Carpenter created workplace chaos, endangered the safety of other employees, and acted dishonestly and unprofessionally,” the FDLE said in a statement to WFLA.com. “This included sexual harassment, workplace discrimination, and brandishing a firearm inside an office.”

“We are glad that our association with these bad actors has ended,” the statement read.

However, the lawsuit notes that the investigation wasn’t initiated until days after Desguin’s retirement, which was classified as “not involving misconduct.”

“It is highly suspicious that this complaint was filed AFTER [Desguin’s] termination on the heels of the [Patricia] Carpenter complaint and AFTER [Desguin] had been cleared of any wrongdoing when he was forced to retire,” the lawsuit reads.

The findings of the report were given to a prosecutor, who declined to file charges.

“Defendants have done everything possible to try to ruin [Desguin] and Carpenter since their separations, presumably because DeSantis is embarrassed by the allegations, after [Desguin] just tried to do the right thing,” the lawsuit reads.

“Our FDLE members embody our fundamental values of Service, Integrity, Respect, and Quality,” the FDLE said. “Shane Desguin and Patricia Carpenter do not.”

Attorney Marie Mattox, who is representing Desguin, sent WFLA.com the following statement:

“Mr. Desguin was persona non grata after he reported the illegal actions by DeSantis and was fired as a result. If you look at the timeline, it is clear that both FDLE and DeSantis doubled down on him after he left to smear his good name. They really have no choice but to try to cast doubt on his character because they cannot defend the charges that he made on the merits. So what do they do? They point the finger at him AFTER he was cleared of wrongdoing. Let them explain that. Also let them explain how the bogus, after the fact charges against him were made two days after Patricia Carpenter, also a whistleblower of many of the same things that Desguin reported, sent an email disclosing the illegal withholding of DeSantis’s travel records based on information from Desguin. She was fired three days after her whistleblower complaint with no reason given for her termination. The fact that Desguin was cleared of wrongdoing on November 17, 2023 is golden and shows that the concoction of mistruths and half-truths are just that — to cover up what DeSantis did wrong.”

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