Black v. Wigington

• Citation: 811 F.3d 1259
• Decision Date: 22 January 2016
• Docket Number: No. 15–10848.,15–10848.
• Parties: Ernest Edgar BLACK, Amy Elizabeth Black, a.k.a. Amy Merritt, Plaintiffs–Appellees, v. Jeff WIGINGTON, Sheriff, Robert Wilson, David Kain, Andy Stamatellos, Defendants–Appellants.
• Court: United States Courts of Appeals. United States Court of Appeals (11th Circuit)

811 F.3d 1259

Ernest Edgar BLACK, Amy Elizabeth Black, a.k.a. Amy Merritt, Plaintiffs–Appellees,

v.Jeff WIGINGTON, Sheriff, Robert Wilson, David Kain, Andy Stamatellos, Defendants–Appellants.

No. 15–10848.

United States Court of Appeals, Eleventh Circuit.

Jan. 22, 2016.

Ralph Goldberg, Goldberg & Cuvillier, PC, Tucker, GA, for Plaintiff–Appellee.

Gary Kevin Morris, Williams Morris & Waymire, LLC, Buford, GA, for Defendant–Appellant.

Before WILSON, WILLIAM PRYOR, and GILMAN,^* Circuit Judges.

WILLIAM PRYOR, Circuit Judge:

This interlocutory appeal requires us to decide whether four police officers are entitled to immunity from suit. It stems from an unpleasant run-in between the plaintiffs, Ernest and Amy Black, and the sheriff's department in Rockdale County, Georgia. Several police officers searched the Blacks' trailer because they thought it belonged to someone else. There the officers found large amounts of contraband. The officers then arrested the Blacks, and Ernest spent over a month in jail. While incarcerated, Ernest was injured, and the medical staff placed him in a special cell where he enjoyed fewer privileges than other inmates. The district attorney prosecuted the Blacks, but dropped the charges after the superior court suppressed the evidence from the trailer. The Blacks then sued the officers who searched their home, the officers who arrested them, and the sheriff in charge of the jail. They alleged violations of their federal constitutional and statutory rights, 42 U.S.C. § 1983, and various claims under state law. The officers moved for summary judgment based on official immunity under Georgia law, qualified immunity under federal law, and sovereign immunity under the Eleventh Amendment. The district court rejected these defenses. We reverse in part and affirm in part. We conclude that all of the officers are immune from suit, except for the sheriff.

I. BACKGROUND

On August 14, 2010, Deputies David Kain and Andy Stamatellos of the Rockdale County Sheriff's Office attempted to execute an arrest warrant for William Lynn "Rabbit" Wilson. The deputies drove to Rabbit's last known address—a dilapidated trailer in the woods. They knocked on the front door, but no one answered. The deputies then walked to the back of the trailer, where they found a door with a window on it. The screen on the window was cut near the doorknob, which the deputies thought was consistent with burglary. When the deputies checked the doorknob, it was unlocked. The deputies entered the trailer and performed a protective sweep to look for the burglar and any victims. During the sweep, they observed marijuana, pill bottles containing marijuana seeds and roaches, and bulletproof vests and t-shirts that belonged to the sheriff's department. The deputies exited the trailer without touching anything and called their supervisor.

The deputies' supervisor, Investigator Robert Wilson, arrived shortly thereafter. He told the deputies to stay put while he left to obtain a search warrant. In his application for a search warrant, Investigator Wilson described the drugs and stolen property that the deputies had seen in plain view. He also explained that the deputies had entered the trailer because they suspected a burglary based on the torn screen and unlocked door. A magistrate judge issued the search warrant.

While the deputies were waiting for the investigator to return, Ernest and Amy Black showed up. As it turned out, they lived in the trailer, not Rabbit. The investigator later returned with the search warrant, and the officers searched the Blacks' trailer. The officers seized the marijuana and the clothing from the sheriff's department, and they found several crack pipes as well. The officers arrested the Blacks and took them to the county jail. That same day, Investigator Wilson applied for arrest warrants. His application cited the evidence that the deputies found in the Blacks' trailer and stated that he had probable cause to believe that the Blacks had committed the crimes of possession with intent to distribute marijuana, Ga.Code Ann. § 16–13–30(j) ; possession of drug-related objects, id. § 16–13–32.2; and theft by receiving stolen property, id.§ 16–8–7. A magistrate judge issued the arrest warrants.

Ernest Black spent over a month in the county jail. At the time, Sheriff Jeff Wigington was in charge of the sheriff's department, which runs the jail. While incarcerated, Ernest fell down the stairs and injured his back. The medical staff placed Ernest in a booking cell so they could monitor his condition more closely. Inmates in booking cells do not receive the same privileges as inmates in the general population—for example, they cannot shower without asking permission, watch television, exercise, or mingle in the common area. Their beds are also less comfortable, and the lights are never dimmed.

The district attorney prosecuted Ernest and Amy Black on the drug and theft charges. The Blacks moved to suppress the evidence that the officers found in their trailer. They argued that the evidence was discovered during an illegal search in violation of the Fourth and Fourteenth Amendments. The superior court agreed and granted the Blacks' motion to suppress. The superior court ruled that the deputies' initial entry into the trailer was illegal. The arrest warrant did not permit their entry because they had no reason to believe that Rabbit was inside. Nor did exigent circumstances justify their entry: the deputies did not hear anyone burgling the trailer, and the cuts on the screen were unreliable because the entire trailer was in disrepair. Because the deputies' initial entry was invalid, the superior court ruled that the search warrant was invalid as well. Accordingly, the superior court suppressed the drugs, drug paraphernalia, and clothing that the officers found in the trailer. The district attorney then dropped the charges against the Blacks.

The Blacks later filed a civil action in the district court against Deputy Kain, Deputy Stamatellos, Investigator Wilson, Sheriff Wigington, and three jailers. Their complaint alleged seven counts. They sued the deputies for trespass, false imprisonment, and an illegal search under Georgia law. They sued the deputies and investigator for malicious prosecution under federal law, and they sued the deputies, investigator, and sheriff for false arrest. The Blacks also brought a claim of inadequate medical care against the sheriff and the jailers. Finally, they sued the sheriff in his official capacity for violations of Title II of the Americans with Disabilities Act. The Blacks sought money damages from each defendant.

As the litigation progressed, several defendants and claims were dismissed. The Blacks voluntarily dismissed two of the jailers. Later, they conceded that the third jailer should be dismissed, that their claim of inadequate medical care lacked merit, and that their claim of false arrest was untimely. The district court also dismissed their claim of false imprisonment as untimely. What remained were the Blacks' claim of trespass against the deputies, their claim of malicious prosecution against the deputies and investigator, and their claim under Title II of the Disabilities Act against the sheriff.

With respect to these remaining claims, the officers filed a motion for summary judgment on the basis of immunity. The deputies argued that, under Georgia law, they are entitled to official immunity from the claim of trespass. The deputies and investigator argued that, under federal law, they are entitled to qualified immunity from the claim of malicious prosecution. And the sheriff argued that, under the Eleventh Amendment, he is entitled to sovereign immunity from the claim under Title II. The district court rejected each of these defenses.

The district court ruled that the deputies were not entitled to official immunity from the claim of trespass. In Georgia, a state official cannot be sued for his discretionary actions unless he acted with "actual malice" or an "actual intent to cause injury." Ga. Const. art. I, § 2, ¶ IX (d). The district court reasoned that a factual dispute remained about whether the deputies acted with actual malice: "A jury could find that Defendants intended to enter the trailer knowing they lacked a warrant or exigent circumstances (a deliberate intention to do wrong), constituting a trespass under Georgia law." With respect to the claim of malicious prosecution, the district court reasoned that the deputies' entry was clearly unlawful because they had no reason to believe that Rabbit Wilson was inside or that a burglary was taking place. The district court assumed that, if the deputies' entry was unlawful, then the drugs and property found in the trailer could not serve as probable cause. As for the claim under Title II of the Disabilities Act, the district court concluded that the Act abrogates sovereign immunity when a defendant's conduct simultaneously violates Title II and the Fourteenth Amendment, United States v. Georgia, 546 U.S. 151, 159, 126 S.Ct. 877, 882, 163 L.Ed.2d 650 (2006), and that "irrationally preventing disabled persons from accessing activities and services in prisons" would violate both Title II and the Equal Protection Clause.

II. STANDARD OF REVIEW

We review de novo whether the officers are entitled to immunity. Hoyt v. Cooks, 672 F.3d 972, 981 (11th Cir.2012) (official immunity); Townsend v. Jefferson Cty., 601 F.3d 1152, 1157 (11th Cir.2010) (qualified immunity); Nat'l Ass'n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1313 (11th Cir.2011) (sovereign immunity). Because the officers raised their defenses in a motion for summary judgment, they should prevail if there is "no genuine dispute as to any material fact" and they are entitled to immunity "as a matter of law." Fed.R.Civ.P. 56(a). In making this determination, we view the evidence in the light most favorable to the Blacks and draw all reasonable inferences...