Luke v. Gulley, No. 20-11076 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit vacated the district court's order dismissing plaintiff's complaint of malicious prosecution under the Fourth Amendment against defendant, a police officer. In order to succeed on plaintiff's malicious prosecution claim, plaintiff must prove (1) that defendant violated his Fourth Amendment right to be free from seizures pursuant to legal process and (2) that the criminal proceedings against plaintiff terminated in his favor.
The court agreed with defendant that the district court correctly incorporated the dismissal order into plaintiff's complaint, but the court disagreed with defendant's argument that plaintiff did not receive a favorable termination. Even though the court considered the dismissal order, the court must construe the order in the light most favorable to plaintiff and resolve all reasonable inferences in his favor. When placed in that light, the court concluded that the order does not eliminate every reasonable inference that plaintiff received a favorable termination. In this case, the court can reasonably infer that plaintiff did not admit to felony murder during the hearing.