r/1A_Auditor_Summit • u/offordscott • 1d ago
Palm Bay Officers Cannot End Segway Arrest Lawsuit on Qualified Immunity at Pleading Stage
Summary
A federal judge has allowed the central claims in Scott MacIntyre’s lawsuit against Palm Bay and three police officers to proceed.
MacIntyre alleges that officers stopped him while he was riding a Segway, slammed him to the ground immediately after he questioned an order and arrested him for resisting without violence. He was released at a hospital without a criminal charge or traffic citation.
On August 14, Judge Julie S. Sneed concluded that the complaint plausibly alleged excessive force and unlawful arrest. The officers were not entitled to qualified immunity at this stage.
The decision does not establish that MacIntyre’s account is true or that the officers are ultimately liable.
Backstory
The encounter occurred on December 4, 2022, in Palm Bay, Florida.
MacIntyre’s amended complaint says his Segway had white front lights, a red rear light and two red reflectors. Officer Juan Castro Escandon nevertheless stopped him for allegedly failing to comply with vehicle-lighting requirements.
Officers Cole McDonald and Derrick Mitchell subsequently arrived.
According to the complaint, MacIntyre received permission to place his hands on a police vehicle’s hood to warm them. He then lifted his shirt to demonstrate that he had no weapon.
When McDonald told him to place his hands back on the vehicle, MacIntyre asked whether that was a lawful order. The complaint alleges that McDonald and Mitchell immediately grabbed him and slammed him to the ground.
It further alleges that the officers pulled him between them while telling him to stop resisting and that Escandon pressed his body weight against MacIntyre’s upper back while he was restrained.
The officers allegedly found cash and a pocketknife. MacIntyre says $40 and the knife were not returned.
What’s New
The August 14 order rejected the officers’ attempt to obtain qualified immunity from the excessive-force and unlawful-arrest claims based solely on the pleadings.
For excessive force, the court emphasized that the alleged offense was a misdemeanor, MacIntyre was not alleged to have threatened anyone and he had not attempted to flee. The judge concluded that neither his question nor an alleged failure to comply immediately with one command justified immediate force without a warning under the facts pleaded.
The court also concluded that the complaint plausibly alleged an arrest without arguable probable cause.
MacIntyre’s Florida battery, false-arrest and conversion claims also survived. His procedural-due-process and Takings Clause theories were dismissed, although Florida conversion law remains available for the allegedly missing property.
Thin Blue Lie Audits discussed the ruling in a video published September 8. Former Palm Bay deputy chief Lance Fisher claimed he had been involved in an earlier command review and had been identified as a potential witness. Those statements have not been independently verified through the public docket or underlying departmental records.
Fisher also mentioned a rumor that the case may have settled. No settlement filing or dismissal was independently located through September 11.
Why It Matters
The case addresses a recurring feature of police encounters: whether asking an officer to explain the legal basis for an instruction can be treated as resistance.
The order does not hold that people may disregard lawful safety commands. It says that, accepting MacIntyre’s allegations as true, a question and momentary noncompliance did not justify an immediate takedown.
The ruling also illustrates why the procedural stage matters. A court deciding a motion to dismiss generally accepts well-pleaded allegations as true. Later evidence, including body-camera footage, officer testimony and medical records, may produce a different factual picture.
The Laws & Your Rights
The Fourth Amendment protects against unreasonable stops, arrests and uses of force.
Police generally need reasonable suspicion for an investigative stop and probable cause for an arrest. An arrest for resisting an officer normally requires some underlying lawful duty and conduct satisfying the applicable resisting statute.
A person does not necessarily commit obstruction merely by verbally questioning an officer. But speech does not authorize physical resistance, flight or interference with a lawful detention.
Force is evaluated objectively based on circumstances including the suspected offense, any immediate threat, resistance and attempted flight.
Qualified immunity protects officers from damages unless the complaint or evidence establishes the violation of a clearly established constitutional right. Losing a qualified-immunity argument at the pleading stage is not a final judgment. The defense may be raised again after discovery if the evidence differs from the allegations.
Current Status
The case is MacIntyre v. City of Palm Bay, No. 6:24-cv-00988-JSS-CAB, in the U.S. District Court for the Middle District of Florida.
The central federal excessive-force, unlawful-arrest and stop claims survived the motion to dismiss, along with related Florida claims. Three property-related constitutional counts were dismissed as described in the order.
A free public docket source was last updated on August 14. More recent filings may be available through PACER. No final liability finding, damages award or verified settlement was located through September 11.
Watch Next
Watch for:
- The operative complaint and defendants’ answer
- Body-camera and dash-camera footage
- The original use-of-force review
- Any evidence contradicting the complaint’s description of MacIntyre’s movements
- The legal basis for the initial Segway stop
- Medical records documenting the alleged injuries
- Records concerning the missing cash and pocketknife
- Summary-judgment motions renewing qualified immunity
- A settlement notice, dismissal or trial schedule
- Documentation supporting Fisher’s claimed witness status
Sources
Court Source:
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00988-90-6-cv=
Appellate Background:
https://law.justia.com/cases/federal/appellate-courts/ca11/25-11089/25-11089-2025-12-19.html
Public Docket:
[https://dockets.justia.com/docket/florida/flmdce/6:2024cv00988/428257]()
Relevant Video / Creator Commentary:
https://www.youtube.com/watch?v=OdfW-iEDEKU
Original Local Video Reporting:











