Appeals

Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia

FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator…

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FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator with the Berrien County Sheriff’s Office, following plaintiff’s arrest for allegedly cashing a counterfeit check. Specifically, plaintiff asserted claims under the Fourth Amendment for unlawful-search-andseizure, unlawful pretrial detention, and malicious prosecution. Plaintiff also brought state law claims for malicious prosecution and intentional infliction of emotional distress. 

The district court entered judgment for FMG’s client, finding that he was entitled to qualified immunity and official immunity, which was affirmed by the Eleventh Circuit Court of Appeals. The Court held that the investigator had actual probable cause for plaintiff’s arrest based on information gathered during his investigation into the counterfeit check. During his investigation, he performed a database search that revealed plaintiff’s license, spoke with the store clerk who received the fraudulent check, showed her plaintiff’s photograph, and received a positive identification for plaintiff. 

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