611 F. App'x 806
5th Cir.2015Background
- In April 2012 Livingston Parish council member Chance Parent reported anonymous negative Facebook posts about him and two other council members; LPSO Detective Ballard subpoenaed records from Facebook and Charter that linked the account to McLin’s home.
- Detectives obtained a search warrant for McLin’s home; they seized computers and a gaming console, which Louisiana State Police forensic analysis linked to the anonymous posts.
- In August 2012 council members swore criminal complaints and McLin was issued a misdemeanor summons charging three counts under La. R.S. § 14:47 (criminal defamation); McLin surrendered and the charges were dismissed in December 2012.
- McLin sued under 42 U.S.C. §§ 1983 and 1988 alleging violations of his First, Fourth, Fifth, and Fourteenth Amendment rights against council members and LPSO detectives; district court dismissed most claims but denied qualified immunity on the Fourth Amendment unlawful-search claim against LPSO defendants.
- The Fifth Circuit reviewed only the denial of qualified immunity for the unlawful-search claim and examined whether McLin’s complaint plausibly alleged that the search warrant was based on La. R.S. § 14:47.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether complaint adequately pleaded a Fourth Amendment § 1983 claim challenging the search warrant | McLin alleged the search and seizure were unlawful and tied to the § 14:47 charges (misl. summons and arrest warrant); search was constitutionally invalid | LPSO: complaint fails to allege the search warrant was issued pursuant to § 14:47; dismissal appropriate | Complaint failed to plead sufficient facts about the search warrant; remanded to permit amendment |
| Whether defendants are entitled to qualified immunity because the search was conducted pursuant to a warrant | (If pleadings showed warrant based on unconstitutional statute, defendants’ warrant-based conduct was not reasonable) | LPSO: even if warrant related to § 14:47, their conduct was objectively reasonable and entitled to qualified immunity | Court did not reach the qualified-immunity merits because pleading was deficient |
Key Cases Cited
- Club Retro, L.L.C. v. Hilton, 568 F.3d 181 (5th Cir. 2009) (standard and appellate scope for reviewing denial of qualified immunity)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- State v. Defley, 395 So. 2d 759 (La. 1981) (holding La. R.S. § 14:47 unconstitutional as applied to public expression about public officials)
- Foman v. Davis, 371 U.S. 178 (1962) (liberal amendment policy under Federal Rule of Civil Procedure 15)