Morgan Allen Armstrong v. Michael F. Andrews, et al, No. 15-12201 (11th Cir. 2016)
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Case: 15-12201 Date Filed: 03/18/2016 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ Nos. 15-12201; 15-12683 Non-Argument Calendar ________________________ D.C. Docket No. 8:15-cv-01015-JDW-TGW MORGAN ALLEN ARMSTRONG, Plaintiff-Appellant, versus MICHAEL F. ANDREWS, Honorable Judge, M. E. HALKITIS, RYAN MCGEE, Asst. State Attorney, MARK MOE, Major Crimes Detective (Retired), BRENDA MCBEL, Deputy Clerk of Court, Defendants-Appellees. ________________________ Appeals from the United States District Court for the Middle District of Florida ________________________ (March 18, 2016) Case: 15-12201 Date Filed: 03/18/2016 Page: 2 of 3 Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges. PER CURIAM: Morgan Armstrong, a Florida prisoner, appeals pro se the sua sponte dismissal of his complaint against Judge Michael Andrews, Assistant State Attorney M.E. Halkitis, Assistant State Attorney Ryan McGee, retired Major Crimes Detective Mark Moe, and Deputy Clerk of Court Brenda McBel. See 42 U.S.C. § 1983. The district court concluded that Armstrong’s allegations about the violation of his constitutional rights during a state criminal proceeding failed to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii). We affirm. Judges and prosecutors ordinarily enjoy absolute immunity from suits about actions taken in their official capacities. Judges enjoy absolute immunity for all actions taken in their judicial capacity except when taken in a “clear absence of all jurisdiction.” Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000) (internal quotation marks and citation omitted). Absolute judicial immunity “applies even when [a] judge’s acts are in error, malicious, or were in excess of his or her jurisdiction.” Id. Prosecutors also enjoy absolute immunity for actions undertaken in the course of initiating a prosecution. Id. at 1242. But a prosecutor is not immune from suit if he knowingly makes false statements of fact in an affidavit. Jones v. Cannon, 174 F.3d 1271, 1282 (11th Cir. 1999). 2 Case: 15-12201 Date Filed: 03/18/2016 Page: 3 of 3 The district court correctly dismissed Armstrong’s complaint. Armstrong alleged that Judge Andrews credited testimony that he knew was false during a pretrial hearing, but the judge is entitled to absolute immunity for actions performed in the exercise of his official duties. See Bolin, 225 F.3d at 1239; Sibley v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005). Prosecutor Halkitis is not liable for allegedly using false affidavits to secure a warrant for Armstrong’s arrest because that act was undertaken in her role as an advocate for the State. See Bolin, 225 F.3d at 1242. Armstrong did not allege that Halkitis knew the affidavits were false. And Halkitis is not liable for false statements that Armstrong alleged were made by Detective Moe. See Jones, 174 F.3d at 1282. Armstrong has waived any challenge that he could have made to the dismissal of his complaints against the remaining members of the prosecution team. See Henry v. Warden, 750 F.3d 1226, 1232 (11th Cir. 2014). Armstrong does not dispute that he failed to state a claim against Detective Moe or that Assistant State Attorney McGee and Deputy Clerk McBel are immune from liability. We AFFIRM the dismissal of Armstrong’s complaint. 3
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