David Carter v. Timothy Filbeck
2016 U.S. App. LEXIS 8010
| 11th Cir. | 2016Background
- Filbeck, a Butts County deputy, defaulted on his mortgage and the property was foreclosed; Ocwen (via Altisource) contracted MDM to secure and prepare the foreclosed home for resale. MDM posted authorization notices and inspected the property, concluding it was abandoned.
- Filbeck moved out in November 2010, utilities were shut off, and neighbors/MDM/deputy Middleton all observed no one living there; Filbeck nonetheless tore down MDM notices, boarded the house, and posted “KEEP OUT” signs.
- On February 22, 2011, MDM employees (Plaintiffs) returned to clean out the house; they displayed paperwork showing authorization to be on the property. Filbeck refused to review the paperwork, became angry, and ordered their arrests for burglary; Plaintiffs were handcuffed and jailed ~24 hours; no charges were filed.
- During the arrest, the sheriff’s office impounded a truck containing two cameras, silverware, and $20; Filbeck later accessed the impounded vehicle’s camera data without a warrant. The property was never returned.
- Plaintiffs sued under 42 U.S.C. § 1983 (Fourth Amendment false arrest) and for conversion; district court denied Filbeck qualified immunity and denied summary judgment on conversion; appellate court reviews those denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Filbeck is entitled to qualified immunity for ordering Plaintiffs’ arrests (§1983 / false arrest) | Filbeck lacked (arguable) probable cause to arrest because Plaintiffs were authorized agents cleaning a foreclosed, abandoned property | Filbeck contends he reasonably believed Plaintiffs were intruders/tenants-at-sufferance and thus had probable cause for burglary/trespass/theft | Denied: Filbeck not entitled to qualified immunity — reasonable officer with available info would know Plaintiffs were authorized; arrests lacked even arguable probable cause |
| Whether probable cause (or arguable probable cause) existed for burglary, criminal trespass, or theft charges | Plaintiffs argue MDM paperwork, posted notices, and prior deputies’ observations negated lack-of-authority element | Filbeck argues former owners can be tenants at sufferance so eviction procedures were required and Plaintiffs could be trespassers | Held: No arguable probable cause — evidence showed Plaintiffs had authority; Filbeck’s refusal to consider documentation was unreasonable |
| Whether Filbeck is liable for conversion of seized personal property (cameras, cash, silverware) | Plaintiffs contend items were taken into defendants’ custody and never returned; Filbeck accessed camera data without warrant | Filbeck and county defendants argue plaintiffs failed to prove ownership, possession by defendants, demand/refusal, and sovereign immunity (for county and sheriff in official capacity) | Mixed: Conversion claim survives against Filbeck individually (sufficient evidence of possession and unlawful deprivation); county and Sheriff Pope in official capacity shielded by sovereign immunity, so summary judgment for them on conversion reversed in part |
| Whether sovereign immunity bars conversion claim against county and the sheriff (official-capacity) | Plaintiffs offered no evidence of a waiver of sovereign immunity or insurance purchase by county | County and Sheriff Pope assert sovereign immunity; Georgia Tort Claims Act waiver applies only to state employees, not counties | Held: County and Sheriff Pope entitled to sovereign immunity on conversion claim (plaintiffs failed to show waiver), so summary judgment for county/sheriff reversed in that respect |
Key Cases Cited
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework permitting discretionary-ordering of two-step inquiry)
- Harlow v. Fitzgerald, 457 U.S. 800 (officials shielded from suit absent violation of clearly established law)
- Anderson v. Creighton, 483 U.S. 635 (reasonable, mistaken conclusions about probable cause can support immunity)
- Kingsland v. City of Miami, 382 F.3d 1220 (officer may not ignore available exculpatory information; biased investigations undermine immunity)
- Skop v. City of Atlanta, 485 F.3d 1130 (probable cause and its assessment under totality of circumstances in false-arrest claims)
- Case v. Eslinger, 555 F.3d 1317 (arguable probable cause standard and qualified immunity analysis)
- Lee v. Ferraro, 284 F.3d 1188 (burden shifting and the role of arguable probable cause)
- Bashir v. Rockdale County, 445 F.3d 1323 (procedural rule to construe facts in plaintiffs’ favor on summary judgment for qualified immunity review)
- Fils v. City of Aventura, 647 F.3d 1272 (standard of review for denial of qualified immunity)