Carter v. Filbeck, No. 15-12529 (11th Cir. 2016)
Annotate this CaseDefendant Timothy Filbeck, a lieutenant with the sheriff's office, arrested the new owner's agents of his foreclosed home. Plaintiffs, who were lawfully performing their jobs, filed suit against Filbeck and the Sheriff, individually and in their official capacities, under 42 U.S.C. 1983, for violation of plaintiffs' Fourth Amendment right to be free from unreasonable searches and seizures. Plaintiffs alleged a conversion claim against all defendants. Plaintiffs further alleged claims for negligent hiring and retention, as well as for ratification. The court affirmed the district court's denial of summary judgment to Filbeck based on qualified immunity where a jury could reasonably conclude on the record that Filbeck was never a tenant at sufferance after the foreclosure had been finalized, and he - not plaintiffs - was the intruder. The court also affirmed the district court's denial of summary judgment to Filbeck on the conversion claim where the evidence could establish a substantive claim of conversion under Georgia law. However, the court reversed the denial of summary judgment with respect to the County and Sheriff on the conversion claim because plaintiffs failed to establish a waiver of sovereign immunity. The court remanded for further proceedings.
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