Published on: Friday, October 7, 2022
Georgia man is charged with felony murder for his suspected role in Albany, Ga. gang shootout, but after the prosecution is dropped he sues the detective who sought a warrant for his arrest. Man: detective violated my Fourth Amendment right to be free from an unreasonable seizure and malicious prosecution. Detective: qualified immunity. Trial court: summary judgment in favor of detective based on qualified immunity. Eleventh Circuit: No immunity. The detective's affidavit was "skeletal," "devoid of relevant and reliable facts," and no reasonable officer would have thought it was sufficient to establish probable cause.
The case is Luke v. Gulley, No. 22-10316 (11th Cir. Oct. 3, 2022).