Lauranius Pierre v. City of Miramar, Florida, Inc., 537 F. App'x 821

Pierre sued the City of Miramar, two City officers, and a Broward County deputy for false arrest, state-law claims, and §1983 claims.
Pierre heard banging at his door, retrieved a baseball bat and shotgun, and briefly spoke with a neighbor about an attempted break-in.
Officers surrounded Pierre’s home with guns drawn; he was detained, searched, and his shotgun seized, after which he was arrested for two misdemeanors.
McNeal, an off-duty Broward corrections officer, later swore an affidavit describing Pierre with a shotgun; Pierre contends she falsified statements to give probable cause.
State charges were later dismissed; district court dismissed several claims; Pierre proceeded on remaining claims in district court.
On appeal, the Eleventh Circuit vacated in part and remanded, affirming some dismissals and analyzing whether certain defendants were proper parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for arrest dismissed?	Pierre argues probable cause was lacking because McNeal was not a law enforcement officer.	City Officers relied on McNeal’s affidavit and fellow-officer rule to establish probable cause.	Count I vacated and remanded; probable cause not clear due to McNeal’s status.
Negligent hiring/retention and training claims viability?	Pierre contends City failed to hire/train adequately and to supervise.	Pierre pleaded only conclusory facts not showing plausible negligence.	Counts III & IV properly dismissed.
§1983 claims against Officers and City based on arrest?	Pierre asserts Fourth Amendment violation and municipal liability for arrest.	Defendants had probable cause for the arrest; no municipal policy shown.	Counts against Officers and City largely rejected; no plausible §1983 claim shown.
McNeal §1983 conspiracy and IIED against McNeal?	Pierre alleges McNeal conspired with Officers and caused IIED.	No state actor conspiracy shown; IIED not supported by outrageous conduct.	Counts VII and IX largely rejected.

Twombly v. Bell Atl. Corp., 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading requires plausible claims)
Lewis v. Morgan, 79 So.3d 926 (Fla. Dist. Ct. App. 2012) (probable cause and false arrest defense)
Cottone v. Jenne, 326 F.3d 1352 (11th Cir. 2003) (affirmative defense on failure-to-state-claim)
King v. City of Miami, 382 F.3d 1220 (11th Cir. 2004) (municipal liability framework under §1983)
Peterson v. State, 578 So.2d 749 (Fla. Dist. Ct. App. 1991) (probable cause for misdemeanor when observed by officer)
State v. Boatman, 901 So.2d 222 (Fla. Dist. Ct. App. 2005) (fellow-officer rule for probable cause in arrest)
Knight v. Jacobson, 300 F.3d 1272 (11th Cir. 2002) (Fourth Amendment probable cause not limited to in-person witnessing)
Garvie v. City of Fort Walton Beach, 366 F.3d 1186 (11th Cir. 2004) (ratification theory for §1983 municipal liability)
Dennis v. Sparks, 449 U.S. 24 (U.S. 1981) (private party conspiracy with state actors)