Deshawn Gervin v. Pamela Florence
139 F.4th 1236
11th Cir.2025Background
- DeShawn Gervin was convicted in Georgia for attempted burglary and sentenced to probation with just one condition: he could not return to a specified judicial circuit in Georgia.
- Gervin complied, moving to North Carolina, where he was later incarcerated for unrelated offenses.
- Georgia probation officers sought his arrest, claiming Gervin violated his Georgia probation by failing to report, despite no such condition existing.
- Gervin was extradited to Georgia and spent 104 days in jail before the state court determined no probation violation had occurred and released him.
- Gervin filed suit under 42 U.S.C. § 1983, alleging Fourth, Eighth, and Fourteenth Amendment violations by the officers for wrongful arrest and detention.
- Defendants moved for summary judgment, claiming no constitutional violation and asserting qualified immunity; the district court denied their motion on the Fourth Amendment claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a Fourth Amendment malicious prosecution claim be based on a probation revocation proceeding rather than a criminal prosecution? | Gervin: Any unreasonable seizure pursuant to legal process—including probation revocation—supports a § 1983 malicious prosecution claim. | Florence/Milton: Malicious prosecution claims require initiation of a criminal prosecution, not merely a probation revocation. | The Fourth Amendment's protection applies to all unreasonable seizures, irrespective of the form of legal process; probation revocation can support a malicious prosecution claim. |
| Did the probation officers recklessly or intentionally provide false information to secure Gervin’s arrest and detention? | The officers made material false statements and omissions about Gervin’s probation conditions, leading to an unjustified arrest and confinement. | The officers acted within their duties; no intentional or reckless falsehoods, and they are entitled to qualified immunity. | Evidence, viewed favorably to Gervin, supports a reckless disregard standard; no qualified immunity for knowingly or recklessly misrepresenting facts to justify a seizure. |
| Are probation officers entitled to qualified immunity for actions taken in the probation revocation process? | Not when conduct violates clearly established law; recklessly causing an unconstitutional seizure removes qualified immunity. | Officers claim the law was not clearly established for probation violations to support Fourth Amendment malicious prosecution and that their actions were reasonable. | Qualified immunity denied; clearly established law prohibits using false statements or omissions in legal process resulting in unconstitutional detentions. |
| Does favorable termination of the probation revocation proceeding satisfy the requirements for a malicious prosecution claim? | Gervin: Favorable termination occurred when his probation was not revoked and he was released. | Defendants: Not termination of a criminal prosecution, so not sufficient. | Yes; a favorable resolution of the probation revocation in Gervin’s favor satisfies the requirement. |
Key Cases Cited
- Thompson v. Clark, 596 U.S. 36 (Supreme Court outlined elements of malicious prosecution claim under § 1983)
- Manuel v. City of Joliet, 580 U.S. 357 (Fourth Amendment governs claims of unconstitutional pretrial detention regardless of process type)
- Kalina v. Fletcher, 522 U.S. 118 (Section 1983 construed in light of common-law principles as of 1871)
- Owens v. Kelley, 681 F.2d 1362 (11th Cir. 1982) (Fourth Amendment protections extend to probationers)
- Williams v. Aguirre, 965 F.3d 1147 (11th Cir. 2020) (Malicious prosecution a shorthand for certain Fourth Amendment claims: seizure pursuant to legal process)
- Paez v. Mulvey, 915 F.3d 1276 (11th Cir. 2019) (Material misstatements/omissions in warrant application can violate Fourth Amendment)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (Summary judgment and qualified immunity standards in § 1983 suits)