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Blake v. Lambert

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION
Sep 3, 2019
CIVIL ACTION NO. 1:17-CV-89-SA-DAS (N.D. Miss. Sep. 3, 2019)

Opinion

CIVIL ACTION NO. 1:17-CV-89-SA-DAS

09-03-2019

CARLA BLAKE PLAINTIFF v. DON LAMBERT, and PRENTISS COUNTY DEFENDANTS


ORDER AND JUDGMENT

Carla Blake filed this case on June 12, 2017 against Prentiss County, Mississippi, and Don Lambert, a Prentiss County School Attendance Officer. In her Complaint [1], Blake alleges that Lambert and Prentiss County violated her constitutional rights and seeks relief under 42 U.S.C. § 1983. Blake asserted two claims against Lambert individually. First Blake asserted a claim alleging that Lambert violated her Fourth Amendment right, recognized in Malley v. Briggs, to be free from arrest based on a "warrant application . . . so lacking in indicia of probable cause as to render official belief in its existence unreasonable." 475 U.S. 335, 106 S. Ct. 1092, 89 L. Ed. 2d 271 (1986). Second, Blake alleged that Lambert violated her Fourth Amendment right, recognized in Franks v. Delaware, to "be free from police arrest without a good faith showing of probable cause." Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978).

Blake sues Lambert in his individual capacity only. --------

Lambert filed a Motion to Dismiss [9] all of the claims against him, arguing that Blake's Complaint failed to state a claim against him, and in the alternative, that he is entitled to the protection of qualified immunity. Because both parties relied on matters outside the pleadings, the Court treated Lambert's motion as one for summary judgment. See FED. R. CIV. P. 12(d), 56.

On March 9, 2018 the Court entered an Order [31] and Memorandum Opinion [32] denying Lambert's requests for dismissal and qualified immunity as to both of Blake's claims. Lambert appealed this Court's decision to the Fifth Circuit Court of Appeals pursuant to the collateral order doctrine. See Notice of Appeal [33]. The Fifth Circuit affirmed this Court's ruling denying qualified immunity to Lambert on Blake's Malley claim. The Fifth Circuit reversed this Court's finding on Blake's Franks claim and held that Lambert is entitled to qualified immunity on that claim. In so holding, the Fifth Circuit stated:

In Kohler v. Englade we held that "a plaintiff cannot hold an officer liable under Franks for intentionally omitting important exculpatory information from a warrant affidavit when the officer has also committed a Malley violation by presenting a facially deficient warrant affidavit to the issuing judge." Kohler v. Englade, 470 F.3d 1104, 1113-14 (5th Cir. 2006). We reach the same result here. See Montesano v. Seafirst Commercial Corp., 818 F.2d 423, 426 (5th Cir. 1987) (holding that "one panel cannot overturn another panel").
Blake v. Lambert, 921 F.3d 215, 222 (5th Cir. 2019).

The Fifth Circuit's ruling in this case explicitly holds that Lambert committed a Malley violation, that Blake has established liability against Lambert under Malley, and thus relief for her Franks claim is cut off.

Pursuant to the Fifth Circuit's ruling in this case, the Court now enters summary judgment against Defendant Lambert in his individual capacity for Plaintiff Blake's claim that Lambert violated her Constitutional rights under the Fourth Amendment pursuant to Malley v. Briggs, 475 U.S. 335, 106 S. Ct. 1092. With liability decided, the Plaintiff's Malley claim will be set for a trial on damages following the resolution of the Plaintiff's claims against Prentiss County.

It is so ORDERED on this the 3rd day of September, 2018.

/s/ Sharion Aycock

UNITED STATES DISTRICT COURT JUDGE


Summaries of

Blake v. Lambert

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION
Sep 3, 2019
CIVIL ACTION NO. 1:17-CV-89-SA-DAS (N.D. Miss. Sep. 3, 2019)
Case details for

Blake v. Lambert

Case Details

Full title:CARLA BLAKE PLAINTIFF v. DON LAMBERT, and PRENTISS COUNTY DEFENDANTS

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION

Date published: Sep 3, 2019

Citations

CIVIL ACTION NO. 1:17-CV-89-SA-DAS (N.D. Miss. Sep. 3, 2019)