Thomas Bruce Henley v. Todd Payne
945 F.3d 1320
| 11th Cir. | 2019Background
- In Feb. 2016 Thomas Henley (homeless; used a rented storage unit) rode his bicycle across the grounds of a defunct elementary school and was stopped, handcuffed, and arrested by Deputy Todd Payne for misdemeanor criminal trespass.
- Payne obtained an arrest warrant the morning after the arrest; Henley was detained 21 days and bond was set unusually high ($5,000); his mother paid $540 to secure release.
- Henley later pled guilty to unrelated state charges (marijuana possession and harassing phone calls); the trespass charge was dismissed “[p]ursuant to guilty plea in another case.”
- Henley sued under 42 U.S.C. § 1983 (false arrest; Eighth/Fourteenth Amendments) and asserted Georgia tort claims (false imprisonment, malicious arrest, IIED) against Deputy Payne and supervisory claims against Sheriff Millsap.
- The district court dismissed most claims, ruling Heck barred the § 1983 claim and dismissing state claims on various grounds; on appeal the Eleventh Circuit vacated dismissal of Henley’s § 1983 false-arrest claim and his state false-imprisonment claim (for pre-warrant detention), and affirmed the dismissal of all other claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Heck bars Henley’s § 1983 false-arrest action | Henley: trespass charge was dismissed and unrelated to his convictions, so Heck does not bar the suit | Payne: Heck applies because Henley’s criminal matters terminated by plea and favorable termination is lacking | Court: Heck does not apply because success on the § 1983 false-arrest claim would not necessarily invalidate Henley’s unrelated convictions; the trespass charge was dismissed and not part of the convictions |
| Whether Henley asserted malicious prosecution rather than false arrest | Henley: alleged warrantless arrest without probable cause (false arrest) | Payne: claim is actually malicious prosecution and requires favorable termination | Court: Claim is false arrest as pleaded; plaintiff disclaimed malicious-prosecution, so favorable-termination rule inapplicable |
| Validity of Georgia malicious-arrest claim against Payne | Henley: arrest was without probable cause and malicious | Payne: malicious-arrest requires favorable termination of proceedings | Court: Dismissed — Georgia law requires favorable termination; dismissal pursuant to plea compromise is not a favorable termination |
| Viability of false-imprisonment claim for time before warrant issuance | Henley: unlawfully detained from arrest until warrant procured | Payne: issuance of warrant cures false-imprisonment claim | Court: Vacated dismissal as to pre-warrant period — Georgia law permits false-imprisonment claim for detention before a valid warrant; detention after valid warrant is not actionable |
| Intentional infliction of emotional distress (IIED) claim | Henley: deputies’ conduct caused extreme depression/anxiety | Payne: conduct not extreme/outrageous as required under Georgia law | Court: Dismissed — alleged conduct not sufficiently extreme to state IIED claim |
| Supervisory liability and excessive-bail claims against Sheriff Millsap | Henley: Millsap liable for failing to act after notice; bail was excessive | Millsap: no personal participation, no policy/custom, no role in setting bail | Court: Dismissed — no plausible allegation of policy/custom or personal participation for § 1983 supervisory liability; excessive-bail claim dismissed for lack of allegations tying Millsap to bail decision |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (when § 1983 judgment would necessarily imply invalidity of conviction, claim barred)
- Butler v. Compton, 482 F.3d 1277 (10th Cir. 2007) (Heck does not bar § 1983 suit where related charge was dismissed and convictions arose from unrelated incidents)
- McClish v. Nugent, 483 F.3d 1231 (11th Cir. 2007) (distinguishing favorable-termination inquiry from whether Heck applies at all)
- City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156 (1997) (supplemental jurisdiction exists when claims derive from a common nucleus of operative fact)
- Garner v. Heilig-Meyers Furniture Co., 525 S.E.2d 145 (Ga. Ct. App. 1999) (Georgia: malicious-arrest claim requires favorable termination)
- McClendon v. Harper, 826 S.E.2d 412 (Ga. Ct. App. 2019) (Georgia law allows false-imprisonment claims for warrantless arrest periods before a warrant is obtained)
- Stanford v. City of Manchester, 539 S.E.2d 845 (Ga. Ct. App. 2000) (detention pursuant to valid process/warrant negates false-imprisonment claim)
- Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir. 2004) (probable cause is an absolute bar to § 1983 false-arrest claims; arguable probable cause supports qualified immunity)
- Braddy v. Fla. Dep’t of Labor & Emp’t Sec., 133 F.3d 797 (11th Cir. 1998) (supervisory § 1983 liability requires more than respondeat superior)
- Campbell v. Johnson, 586 F.3d 835 (11th Cir. 2009) (Eighth Amendment excessive-bail claim may lie against supervisory officials who set/authorized unconstitutional bail)