549 F. App'x 309
6th Cir.2013Background
- In Jan. 2008 Lima police entered Tarika Wilson’s home while searching for a suspect; an officer’s shot killed Wilson and wounded her infant son; the family later sued the officers.
- About three years later, Officer Garlock responded to a street-fight dispatch and encountered a group of youths including 11‑year‑old T.W., who broke away and walked home.
- As T.W. walked away she extended both middle fingers at Garlock; Garlock told her to stop and threatened handcuffs; T.W. said she was not to speak to police per her grandmother.
- Garlock pursued, grabbed and handcuffed T.W.; Officer Woodworth assisted; Garlock later told Officer Boettiger that T.W. was Wilson’s daughter; Boettiger directed charging T.W. with persistent disorderly conduct.
- T.W. sued under 42 U.S.C. § 1983 alleging Fourth Amendment false arrest/false imprisonment/unlawful seizure and First Amendment retaliation; officers moved to dismiss on qualified‑immunity grounds.
- The district court denied qualified immunity for T.W.’s false‑arrest, false‑imprisonment, unlawful‑detention, and retaliation claims; the officers appealed and the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arrest lacked probable cause (Fourth Amendment; false arrest/imprisonment) | T.W.: gesture and walking away did not create probable cause to arrest an 11‑year‑old | Officers: obscene gesture and failure to follow an order to stop provided probable cause (disorderly conduct; obstructing official business) | Court: No probable cause as alleged; crude gesture and walking away did not meet statutory elements; denial of qualified immunity affirmed |
| Whether arrest was retaliation for protected conduct (First Amendment) | T.W.: arrest motivated at least in part by family’s wrongful‑death lawsuit (protected conduct) | Officers: arrest was based on probable cause, not retaliatory motive | Court: Complaint plausibly alleges retaliatory motive; denial of qualified immunity affirmed |
| Whether supervisory/officer who directed charge (Boettiger) is entitled to qualified immunity | T.W.: Boettiger participated in charging decision and is not immune | Boettiger: entitled to qualified immunity | Court: At pleading stage, Boettiger not entitled to qualified immunity; district court correct |
Key Cases Cited
- Kottmyer v. Maas, 436 F.3d 684 (6th Cir. 2006) (pleading-stage Rule 12(b)(6) standard; accept plaintiff’s allegations as true)
- Hayden v. Green, 640 F.3d 150 (6th Cir. 2011) (qualified immunity review is de novo and requires resolving whether a constitutional right was violated and whether it was clearly established)
- Leonard v. Robinson, 477 F.3d 347 (6th Cir. 2007) (right to be free from arrest without probable cause is clearly established)
- United States v. Padro, 52 F.3d 120 (6th Cir. 1995) (probable cause defined as reasonable grounds for belief a crime was committed)
- Fritz v. Charter Twp. of Comstock, 592 F.3d 718 (6th Cir. 2010) (elements required to plead a First Amendment retaliation claim)