Susan Khoury v. The Miami-Dade County School Board
4 F.4th 1118
| 11th Cir. | 2021Background
- Susan Khoury repeatedly photographed cars near a Miami‑Dade school field she believed were parked illegally; residents and a parent complained about her filming.
- On Jan. 29, 2015 Officer Gregory Williams (School Board Police) responded to a call, told a parent Khoury had a First Amendment right to film, but remarked Khoury was "not mentally well."
- A physical altercation followed when Khoury filmed Williams; witnesses give conflicting accounts. Williams handcuffed Khoury, she sustained a dislocated elbow (later required surgery), and Williams detained her under Florida’s Baker Act for involuntary mental‑health examination; she was released two days later with no evidence of psychosis.
- Khoury sued under 42 U.S.C. § 1983 (false arrest, First Amendment retaliation, excessive force) and asserted a Monell claim against the School Board based on an alleged custom of misusing the Baker Act; she also sought unredacted prior Baker Act reports in discovery.
- The district court granted summary judgment to Officer Williams and the School Board; on appeal the Eleventh Circuit reversed in part (false arrest and First Amendment retaliation), affirmed as to excessive force and the Monell claim, and affirmed the magistrate’s discovery ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / Baker Act detention | Khoury: Williams lacked probable cause to involuntarily commit her; video/testimony create factual dispute. | Williams: had arguable probable cause based on witnesses, Khoury’s behavior, and the altercation. | Reversed summary judgment for Williams; genuine factual disputes preclude finding arguable probable cause/qualified immunity—remand. |
| First Amendment retaliation | Khoury: detained and committed in retaliation for protected filming; detention would deter ordinary speaker. | Williams: detention was lawful under Baker Act (arguable probable cause), so no retaliation claim. | Reversed summary judgment; disputed facts on causation and motive require further proceedings. |
| Excessive force | Khoury: force used was excessive and caused injury. | Williams: force was reasonable given resistance; alternatively claim subsumed if arrest unlawful. | Affirmed summary judgment for Williams on excessive‑force claim because it is derivative of the unlawful‑arrest claim (no independent excessive‑force theory presented). |
| Monell (municipal liability) | Khoury: School Board had a pervasive custom of misusing Baker Act to reduce arrests (evidence from 2012–2016 incidents and whistleblower testimony). | School Board: alleged practice was remote, investigated and corrected; cited incidents involve students and differ from Khoury’s case. | Affirmed summary judgment for School Board; evidence insufficient to show persistent, widespread custom or prior unconstitutional detentions causally linked to a policy. |
| Discovery re: unredacted Baker Act reports | Khoury: magistrate erred by limiting access to names/contact info of individuals in reports. | School Board: minors’ privacy and burden on nonparties justify limits; court must balance privacy and need. | Affirmed: district court did not clearly err; privacy concerns and limited relevance supported the magistrate’s order. |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires action pursuant to official policy or pervasive custom)
- Bennett v. Hendrix, 423 F.3d 1247 (11th Cir. 2005) (elements of First Amendment retaliation and deterrence standard)
- May v. City of Nahunta, 846 F.3d 1320 (mental‑health seizure requires probable cause to believe person is dangerous to self or others)
- Mercado v. City of Orlando, 407 F.3d 1152 (qualified immunity framework for discretionary acts)
- Evans v. Stephens, 407 F.3d 1272 (en banc) (court may not resolve credibility disputes or weigh evidence on summary judgment)
- Bashir v. Rockdale County, 445 F.3d 1323 (excessive force claim derivative of unlawful arrest is subsumed by false arrest claim)
- Smith v. City of Cumming, 212 F.3d 1332 (First Amendment protects photographing/recording police in public)
- Church v. City of Huntsville, 30 F.3d 1332 (Monell: random or isolated incidents insufficient to establish municipal custom)