Royce McLin v. Jason Ard
866 F.3d 682
5th Cir.2017Background
- McLin allegedly posted anonymous critical comments about three Livingston Parish Council members on a public Facebook link to a newspaper opinion piece; those comments purportedly criticized official conduct.
- Councilmember Parent filed a report; LPSO obtained subpoenas to Facebook/Charter that linked McLin’s home to the Facebook account.
- Detectives executed a search warrant at McLin’s home, seized electronics, and forensics allegedly linked a computer to the posts.
- Council members swore out criminal defamation complaints under La. Rev. Stat. § 14:47; three arrest warrants were issued the same day, and McLin voluntarily surrendered and signed a misdemeanor summons.
- Charges were dismissed four months later; McLin sued under 42 U.S.C. § 1983 alleging First and Fourth Amendment violations (plus others), claiming Defendants conspired to fabricate affidavits and maliciously prosecute him.
- The district court dismissed McLin’s claims on qualified immunity grounds; the Fifth Circuit affirmed as to the First Amendment claim (for failure to plead curtailment) and affirmed qualified immunity dismissal of the Fourth Amendment claim despite finding McLin plausibly pleaded an unreasonable seizure, because the right was not clearly established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether issuance of arrest warrants insulated defendants from § 1983 liability for false arrest | McLin: warrants were procured via false/misleading affidavits crafted in conspiracy; magistrate was tainted so no break in causation | Defendants: independent magistrate’s issuance breaks causation and shields defendants | Held: Complaint plausibly alleges magistrate’s deliberations were tainted by falsified affidavits; warrants do not immunize defendants at pleading stage |
| Whether McLin was "seized" under the Fourth Amendment when he voluntarily surrendered to warrants | McLin: surrender to the show of state authority was a seizure | Defendants: voluntary surrender/signing summons without pretrial restrictions is not a seizure | Held: Voluntary surrender accepted by officers in response to warrants plausibly constitutes a Fourth Amendment seizure |
| Whether the seizure was unreasonable (probable cause) | McLin: comments were protected speech criticizing public officials; defendants knew that and lacked probable cause to prosecute under LA criminal defamation | Defendants: issuance of warrants and statutory framework support probable cause | Held: Allegations plausibly show defendants lacked probable cause because criticism of public officials is protected and defamation statute is circumscribed by Garrison/Snyder; pleaded facts suffice to allege an unreasonable seizure |
| Whether defendants are entitled to qualified immunity for the Fourth Amendment claim | McLin: right violated was clearly established | Defendants: reasonable officers could believe accepting surrender without further restrictions was lawful | Held: Qualified immunity applies — at the time, it was not clearly established that accepting a voluntary surrender to a warrant (without imposing pretrial restrictions) constituted a Fourth Amendment seizure; dismissal affirmed |
| Whether McLin pleaded a First Amendment retaliation claim | McLin: arrest/prosecution was motivated by retaliation for protected speech and caused harm | Defendants: plaintiff failed to allege injury/curtailment sufficient to state retaliation | Held: Dismissed — complaint failed to plead that defendants’ actions actually curtailed McLin’s speech (curtailment requirement not satisfied) |
Key Cases Cited
- Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009) (independent magistrate’s decision normally breaks causation for false arrest claims; taint exception discussed)
- Hand v. Gary, 838 F.2d 1420 (5th Cir. 1988) (taint of intermediary’s deliberations can defeat insulation)
- Cuadra v. Hous. Indep. Sch. Dist., 626 F.3d 808 (5th Cir. 2010) (mere allegations of taint insufficient at summary judgment)
- Albright v. Oliver, 510 U.S. 266 (1994) (plurality and concurrences characterize voluntary surrender to an arrest warrant as a Fourth Amendment seizure)
- Garrison v. Louisiana, 379 U.S. 64 (1964) (Louisiana criminal defamation unconstitutional as applied to criticism of public officials; actual malice standard required)
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964) (public officials only liable for false statements made with actual malice)
- Morgan v. Swanson, 659 F.3d 359 (5th Cir. 2011) (qualified immunity framework; clearly established right requirement)
- Whiting v. Traylor, 85 F.3d 581 (11th Cir. 1996) (voluntary surrender to warrant treated as seizure)