Blackshear v. City of Miami Beach
799 F. Supp. 2d 1338
S.D. Fla.2011Background
- On December 2, 2008, Blackshear was stopped by Wyatt, a Miami Beach police officer assisting a funeral procession, who told him not to move his vehicle.
- Blackshear conversed with Wyatt, then was arrested for Fla. Stat. § 316.072(3) and § 843.02.
- Plaintiff alleges no failure to obey a lawful order and no resistance, and that Wyatt conducted a protective search after arrest.
- Blackshear was detained in jail and bond was posted; charges were ultimately dismissed.
- Plaintiff asserts federal §1983 claims for unlawful search and seizure (Count I) and malicious prosecution (Counts IV and III), plus a state-law false arrest claim (Count II), against Wyatt andMiami Beach.
- The court analyzes 12(b)(6) motions under Twombly/Iqbal, discusses qualified immunity, and considers the authority and basis for arrest outside Miami Beach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Count I §1983 survive with plausibility against Wyatt? | Blackshear alleges unlawful arrest and search without probable cause. | Wyatt argues no underlying Fourth Amendment violation or specificity. | Count I plausibly states a claim for unlawful arrest/ search; dismissal denied. |
| Is Wyatt entitled to qualified immunity on Count I? | Plaintiff alleges a clearly established right violated. | Arguably had probable or arguable cause; within discretionary authority. | Wyatt not entitled to qualified immunity; denial of dismissal affirmed. |
| Is Count III common-law malicious prosecution viable? | Wyatt caused or influenced the prosecution via false reports. | Must show lack of probable cause and malice. | Count III survives; allegation of malice and lack of probable cause sufficient to proceed. |
| Is Count IV §1983 malicious prosecution viable? | Seizure occurred in relation to prosecution due to false police reports. | Federal malicious-prosecution claim requires proper seizure analysis. | Count IV survives; plaintiff sufficiently alleges seizure in relation to prosecution. |
| Does Count II false arrest against Miami Beach survive? | Wyatt lacked probable cause; Miami Beach proximate liability. | Probable cause bars false-arrest recovery; immunity issues. | Count II survives; probable cause unresolved on record, denial of dismissal affirmed. |
Key Cases Cited
- Atwater v. City of LagoVista, 532 U.S. 318 (2001) (probable cause bar to False Arrest where present)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir.2002) (scope of discretionary authority in qualified immunity analysis)
- Montoute v. Carr, 114 F.3d 181 (11th Cir.1997) (arguable probable cause standard for qualified immunity)
- Ortega v. Christian, 85 F.3d 1521 (11th Cir.1996) (unlawful arrest supports §1983 claim for unlawful search/seizure)
- Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir.2004) ('probable cause' bar to false arrest; malice/probable cause considerations)
- Whittington v. Town of Surfside, 490 F. Supp. 2d 1239 (S.D. Fla.2007) (arrest validity relates to whether probable cause exists; evidence weighing later)
- Jones v. Cannon, 174 F.3d 1271 (11th Cir.1999) (false reports may support §1983 seizure claims)
- Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352 (Fla.1994) (malice may be inferred from lack of probable cause)
- Randall v. Scott, 610 F.3d 701 (11th Cir.2010) (no heightened pleading standard after Iqbal for §1983 actions)
- Jones v. Cannon, 174 F.3d 1271 (11th Cir.1999) (police fabricating evidence can create §1983 seizure claim)