391 F. Supp. 3d 1224
N.D. Ga.2019Background
- On July 11, 2015, Diane and Andre Johnson were at Bigelow’s Bar when a disturbance involving the Chambers occurred and off-duty DeKalb County Officer Deron Fulton intervened; Officer John Bowe was also on scene.
- Diane Johnson approached to ask what was happening and attempted to record Fulton; Fulton knocked her phone away and arrested her for misdemeanor obstruction (O.C.G.A. § 16-10-24(a)).
- Andre Johnson approached with hands raised, was pushed by Fulton, walked away, uttered profane remarks (including “freedom of speech, motherfucker”), and was arrested for disorderly conduct (O.C.G.A. § 16-11-39) by Fulton with assistance from Bowe.
- Fulton obtained arrest-warrant affidavits charging Diane with obstruction and Andre with disorderly conduct; the state later dismissed the charges.
- Plaintiffs sued under 42 U.S.C. § 1983 (false arrest, retaliatory arrest, malicious prosecution, Monell claim against DeKalb County) and state-law claims (false imprisonment, false arrest, malicious prosecution, battery). Defendants moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arrests lacked (arguable) probable cause (Fourth Amendment false arrest) | Johnsons: under their version, Diane merely asked Fulton’s name and filmed from a distance; Andre was walking away and merely used profanity — no probable cause | Fulton/Bowe: officers reasonably believed Johnsons obstructed/created disorderly conduct and thus had arguable probable cause | Court: Genuine disputes of material fact; under plaintiffs’ account officers lacked arguable probable cause — summary judgment denied as to both plaintiffs’ false arrest claims |
| Whether arrests were retaliatory for protected speech (First Amendment) | Johnsons: their speech (asking officer’s name, recording, criticizing conduct, profanity) was protected and was the but-for cause of arrest | Defendants: arrests were based on conduct, not speech; lawful exercise of police authority | Court: Plaintiffs presented sufficient evidence of protected speech, adverse effect, and causation; officers not entitled to qualified immunity on retaliation claims |
| Whether malicious prosecution claim (§ 1983) survives | Johnsons: Fulton’s warrant affidavits contained materially false/exaggerated statements showing malice and lack of probable cause | Defendants: probable cause existed; no malice | Held: Issues of fact exist as to Fulton’s malice and lack of probable cause so Fulton not entitled to summary judgment on malicious prosecution; claim against Bowe fails (no evidence of his malice or role in prosecutions) |
| Whether Monell claim and injunctive/declaratory relief against DeKalb County lie | Johnson: county ordinance and practice caused arrests; he fears future enforcement of county disorderly conduct ordinance | County: arrest was under state statute not county ordinance; no causal municipal policy; no imminent injury for injunctive relief | Held: Monell claim dismissed as insufficient causal link to county ordinance; plaintiff lacks standing for facial challenge/injunctive relief — summary judgment for county on those claims |
Key Cases Cited
- Pearson v. Callahan, 555 U.S. 223 (officers entitled to qualified immunity when acting within discretionary authority)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- City of Houston v. Hill, 482 U.S. 451 (First Amendment protects verbal criticism of police)
- Chaplinsky v. New Hampshire, 315 U.S. 568 (fighting words doctrine)
- Gooding v. Wilson, 405 U.S. 518 (limitations on punishing offensive speech)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability under § 1983 requires official policy or custom)
- Franks v. Delaware, 438 U.S. 154 (warrant affidavits containing deliberate falsehoods may defeat probable cause and support liability)
- Skop v. City of Atlanta, 485 F.3d 1130 (Eleventh Circuit: arguable probable cause and speech-protective context in obstruction/disorderly-conduct arrests)
- Lebis v. State, 302 Ga. 750 (Georgia Supreme Court: mere loud protestations insufficient for obstruction conviction)