608 F. App'x 760
11th Cir.2015Background
- Harris, a state prisoner proceeding pro se and IFP, filed a 42 U.S.C. § 1983 suit alleging false arrest and malicious prosecution arising from his 1989 probation-revocation proceeding.
- Defendants named include Judge Mario Goderich, prosecutors Eugene Cipriano and Myra Trinchet, Warrant Bureau Director Fred Taylor, probation officer Allen Davis, public defender Leonard Succar, Deputy H.L. Hermatet, and Miami-Dade County.
- The district court dismissed Harris’s claims in May 2013; Harris appealed the district court’s dismissal.
- The Eleventh Circuit reviews de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B) and construes pro se pleadings liberally.
- The court held that Harris’s § 1983 malicious prosecution claims fail against all defendants, based on immunity and absence of probable cause, and that false arrest claims are time-barred or meritless due to probable cause.
- The opinion notes an incorrect spelling of defendant in the case caption, and that Harris’s objections at district court were assumed preserved for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution viability | Harris alleges lack of probable cause and improper actions by defendants. | Defendants are protected by absolute immunity or lack asserted lack of probable cause. | No § 1983 malicious prosecution claim against any defendant. |
| False arrest viability | Arrest without probable cause violated the Fourth Amendment. | Probable cause or limitations bar the claim; some defendants immune. | Claims barred by statute of limitations or lack of absence of probable cause; no false arrest recovery. |
| Immunity and color-of-law defenses | Public defender and county may be liable; defendants acted under color of law. | Judges and prosecutors have absolute immunity; public defender not acting under color of state law; county liability requires policy. | Judge and prosecutors immune; public defender not under color of state law; county liability not shown. |
Key Cases Cited
- Wood v. Kesler, 323 F.3d 872 (11th Cir.2003) (malicious prosecution elements; absence of probable cause required)
- United States v. Leon, 468 U.S. 897 (U.S. Supreme Court 1984) (reliance on magistrate's probable cause determination is objectively reasonable)
- Polk County v. Dodson, 454 U.S. 312 (U.S. Supreme Court 1981) (public defender not acting under color of state law in traditional defense role)
- Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir.2004) (to impose § 1983 liability, need policy or widespread practice)
- Grech v. Clayton Cnty., 335 F.3d 1326 (11th Cir.2003) (unofficial policy must be pervasive to show custom)
- Brown v. City of Huntsville, 608 F.3d 724 (11th Cir.2010) (probable cause defeats false arrest claim)
- Mitchell v. Farcass, 112 F.3d 1483 (11th Cir.1997) (standards for reviewing 12(b)(6) dismissal and pro se pleadings)
- DeYoung v. Owens, 646 F.3d 1319 (11th Cir.2011) (false arrest statute of limitations in Florida is four years)
- Bolin v. Story, 225 F.3d 1234 (11th Cir.2000) (absolute judicial immunity protects actions in judicial capacity)