Florida Law Enforcement Official Sues DeSantis Over Alleged Retaliation

A former top law enforcement official in Florida has filed a lawsuit against Governor Ron DeSantis, claiming he was forced to retire after refusing to comply with what he describes as illegal or inappropriate orders. The lawsuit, filed overnight in state Circuit Court in Tallahassee, accuses DeSantis and his senior aides of wrongful termination and retaliation.

Shane Desguin, who served as the chief of staff for the Florida Department of Law Enforcement (FDLE), asserts that his November retirement was a "wrongful termination." According to ABC News, Desguin alleges that he was dismissed for blowing the whistle on various issues, including violations of state public records laws and illegal orders to arrest demonstrators without probable cause.

Despite a strong work performance, Desguin claims he faced discrimination and was held to different employment standards after reporting misconduct. The lawsuit seeks unspecified damages and names both DeSantis and FDLE as defendants.

DeSantis spokesman Jeremy Redfern declined to comment on the lawsuit, stating that the administration would address the allegations in court. According to Politico, Desguin and his former deputy, Patricia Carpenter, were investigated by FDLE and found to have violated workplace rules, although prosecutors did not pursue criminal charges.

Desguin's attorney, Marie Mattox, had no comment beyond the lawsuit filed in court. The complaint alleges that problems for Desguin began in late 2021, when he was tasked with managing the influx of migrants flown to Florida by the federal government. Desguin claims he was ordered to collect photographs and personal data of migrants without legal justification, actions he argued were unlawful.

In September 2023, Desguin alleges he was pressured to make arrests at a demonstration of neo-Nazis in Orlando for political gain. When he objected, stating that arrests could not be made solely for expressing views, he was allegedly told to find a way to make arrests because the governor wanted it done.

Desguin's lawsuit also highlights his involvement in internal discussions over releasing records related to the governor's travel, a contentious issue as DeSantis sought the GOP presidential nomination. Desguin claims he was instructed to withhold these records, contrary to Florida's public records law.

Meanwhile, a separate controversy is unfolding involving DeSantis' administration's interpretation of public records law. According to the Tampa Bay Times, lawyers for DeSantis argued in court that phone call records made on a private cellphone used for state business are not public records. This argument was presented during a hearing about records related to the 2022 migrant flights to Martha's Vineyard.

The Florida Center for Government Accountability sued DeSantis' administration to obtain records on the migrant flights. During the hearing, DeSantis' lawyer, Christopher Lunny, claimed that call logs from personal phones are not subject to public records law. Judge Lee Marsh expressed skepticism, noting that this interpretation could undermine transparency laws.

DeSantis' chief of staff, James Uthmeier, used his personal phone for official business, a practice that has raised concerns about evading public scrutiny. Despite an order to produce these records, the administration has not complied, prompting ongoing legal battles.

If DeSantis' interpretation were to be upheld, it could set a precedent allowing government employees to use personal devices for official business without public accountability, potentially undermining Florida's public records law. Michael Barfield, public access director at the Florida Center for Government Accountability, warned that such a ruling could spell the end of the public records act.