Elizabeth Leigh Butler v. Paul Tremblay
699 F. App'x 913
| 11th Cir. | 2017Background
- Plaintiff Elizabeth Leigh Butler appealed summary judgment dismissing her § 1983 and state-law false-arrest claims against Officer Paul Tremblay of the Gwinnett County Police Department.
- Butler and a male companion were in a church parking lot after midnight; Tremblay had responded previously to the church's security alarm and found the door ajar.
- When Tremblay approached, the male companion was positioned awkwardly in the passenger seat with a damp white substance on the floorboard; Butler said she lacked permission to be on the property.
- The companion volunteered that he was on bond for a cocaine-related arrest and in drug treatment nearby; Butler and the companion were arrested for loitering.
- The district court granted summary judgment for Tremblay on qualified immunity and Georgia official-immunity grounds; the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tremblay violated clearly established Fourth Amendment law such that qualified immunity fails | Butler contends their presence was innocent ("just hanging out") and did not supply probable cause for loitering | Tremblay argues his observations (alarm history, open door, suspicious posture, damp substance, lack of permission, companion's statements) gave at least arguable probable cause | Held: Arguable probable cause existed; qualified immunity applies |
| Whether Tremblay is entitled to state-law official immunity (malice exception) | Butler implies arrest was improper, suggesting malice or intent to harm | Tremblay asserts discretionary act with arguable probable cause and no evidence of actual malice or intent to injure | Held: No material dispute of malice; official immunity applies |
| Standard of review for summary judgment and qualified immunity | Butler seeks de novo review of summary judgment conclusions | Court applies de novo review, viewing facts in plaintiff's favor, then asks legal question whether qualified immunity attaches | Held: Standard applied; legal determination favors defendant |
Key Cases Cited
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (summary-judgment and qualified-immunity review standard)
- Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 1998) (qualified-immunity framework)
- Rushing v. Parker, 599 F.3d 1263 (11th Cir. 2010) (arguable probable cause suffices for qualified immunity)
- Franklin v. State, 574 S.E.2d 361 (Ga. Ct. App. 2002) (a suspect's explanation must dispel officer's reasonable concerns to defeat loitering arrest)