965 F.3d 507
6th Cir.2020Background:
- Weser and Goodson worked with Loudon County Friends of Animals; after a falling-out LCFOA ceased operations on Weser’s farm and 12 cats remained there.
- On Nov. 7, 2016, after Facebook messages in which Goodson told Weser she could not take the cats that night and Weser replied they were "coming now," Weser placed a crate of cats on Goodson’s driveway and sent a message: "Cats in driveway."
- Goodson called 911, reporting among other things that Weser was in the driveway, intoxicated, and allegedly had a gun; Deputies Anderson and Brewer responded and Anderson arrested Weser for criminal trespass.
- The trespass charge was later dismissed. Weser sued Anderson (a deputy) and Goodson (a private citizen) under 42 U.S.C. § 1983 (Fourth Amendment) and Tennessee law (false arrest, false imprisonment, malicious prosecution).
- The district court granted summary judgment for both defendants; on appeal the Sixth Circuit affirmed Goodson on all claims, affirmed Anderson on federal claims and state malicious-prosecution claim, but vacated and remanded the state false-arrest/false-imprisonment claims against Anderson with instructions to decline supplemental jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anderson had probable cause (federal §1983 false arrest / malicious prosecution) | Weser: inadequate investigation; factual disputes meant no probable cause | Anderson: Goodson reported Weser dropped cats on driveway without consent; facts supplied probable cause | Held: Anderson had probable cause; summary judgment for Anderson on federal claims affirmed |
| Whether Goodson is liable under §1983 (state action / conspiracy) | Weser: Goodson’s false statements and campaign show concerted action with police | Goodson: she was a private citizen merely reporting to police; no state action or conspiracy | Held: No state action or conspiracy; summary judgment for Goodson on federal claim affirmed |
| Whether state malicious-prosecution claim survives | Weser: prosecution was wrongful; challenges probable-cause analysis | Defs: there was probable cause for the trespass charge | Held: Probable cause existed; state malicious-prosecution claim dismissed (summary judgment affirmed) |
| Whether Tennessee-law false arrest/false imprisonment claim against Anderson is viable and whether federal court should keep it | Weser: Tennessee requires officer presence for misdemeanor arrest; her arrest was unlawful and supports tort claim | Anderson: probable cause and broader caselaw suggest probable cause may defeat tort; arrest not arrestable under state rule but federal claims disposed | Held: Issue is novel under Tennessee law; Sixth Circuit vacated district judgment as to these state claims and remanded with instructions to decline supplemental jurisdiction (state court determination preferred) |
Key Cases Cited
- Keith v. County of Oakland, 703 F.3d 918 (6th Cir.) (summary-judgment standard review)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court) (standard for genuine dispute of material fact)
- Voyticky v. Village of Timberlake, 412 F.3d 669 (6th Cir.) (probable-cause requirement for false-arrest §1983 claim)
- Howse v. Hodous, 953 F.3d 402 (6th Cir.) (malicious-prosecution and false-arrest recognized as Fourth Amendment claims)
- Thacker v. City of Columbus, 328 F.3d 244 (6th Cir.) (probable-cause inquiry description)
- Moldowan v. City of Warren, 578 F.3d 351 (6th Cir.) (private-party reports to police do not, by themselves, create §1983 liability)
- Graves v. Mahoning County, 821 F.3d 772 (6th Cir.) (warrantless-arrest misdemeanor-in-presence rule not required by the Fourth Amendment)
- Gardenhire v. Schubert, 205 F.3d 303 (6th Cir.) (probable cause based on reasonably trustworthy information)