Opinion

Marion v. Citrus County Sheriff's Office

Court
District Court, M.D. Florida
Filed
May 21, 2024
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

CHRISTOPHER PAUL MARION,

Plaintiff,

Vv. Case No. 5:23-cv-201-JA-PRL

JOSHUA PENNEY,

Defendant.

ORDER

Plaintiff Christopher Marion brought a claim of false arrest against

Defendant Joshua Penney and related claims of false imprisonment and battery

against the Citrus County Sheriffs Office. The Sheriff's Office settled the claims

against it, (see Doc. 29), and Penney was granted summary judgment on the

false arrest claim based on qualified immunity, (see Doc. 39). Now before the

Court are Penney’s Motion for Costs, Including Attorneys’ Fees (Doc. 43), and

Plaintiffs Response (Doc. 44). As set forth below, Penney’s Motion is denied.

I, LEGAL STANDARDS

District courts have discretion to award attorneys’ fees to a prevailing

party in a 42 U.S.C. § 1983 case at summary judgment “upon a finding that the

plaintiffs action was frivolous, unreasonable, or without foundation, even

though not brought in subjective bad faith.” Christiansburg Garment Co. v.

Equal Emp. Opportunity Comm’n, 434 U.S. 412, 421 (1978) (Title VII context)

see Beach Blitz Co. v. City of Miami Beach, 13 F.4th 1289, 1296 (11th Cir. 2021

(applying this standard to § 1983 cases).

The Court evaluates the frivolity of a case based on four factors: (1

whether the plaintiff established a prima facie case; (2) whether the defendan

offered to settle; (3) whether the trial court dismissed the case prior to trial; anc

(4) whether there was enough support for the claim to warrant close attentior

by the court. See Sullivan v. Sch. Bd. of Pinellas Cnty., 773 F.2d 1182, 118:

(11th Cir. 1985); Beach Blitz, 13 F.4th at 1302.1

II. ANALYSIS

The first factor—whether Marion established a prima facie case against

Penney—favors Penney. To prove a prima facie case of false arrest under the

Fourth Amendment and 42 U.S.C. § 1983, Marion had to show that he was

arrested without probable cause. See Garcia v. Casey, 75 F.4th 1176, 1186 (11tk

Cir. 2023). The reason this Court granted Penney’s Motion for Summary

Judgment is that it found there to be arguable probable cause for Penney’s

arrest and therefore Marion did not overcome Penney’s qualified immunity.

The first three factors come from Sullivan v. School Board of Pinellas County,

773 F. 2d 1182, 1189 (11th Cir. 1985). The fourth factor comes from Beach Blitz Co. v.

City of Miami Beach, 13 F.4th 1289, 1302 (11th Cir. 2021) (citing Busby v. City of

Orlando, 931 F.2d 764, 787 (11th Cir. 1991)).

Although not addressed in the Motion for Summary Judgment, the Court nov

finds that there was also actual probable cause for the arrest.

The second factor—whether a settlement offer has been made—does no

favor either party. Although Penney did not offer to settle the one claim assertec

against him, the principal Defendant in this case, the Citrus County Sheriff:

Office, which was represented by the same attorneys as Penney, settled the twe

claims brought against it. Because “[d]eterminations regarding frivolity are t«

be made on a case-by-case basis” under Sullivan, 773 F.2d at 1182, the

settlement offer made by the Sheriff's Office is relevant to a proper analysis o

this factor. Thus, the factor favors neither party.2

The third factor—whether the case was dismissed prior to trial—favors

Penney, but not strongly. As mentioned above, Marion’s claim against Penney

was dismissed at the summary judgment stage due to Marion’s inability tc

overcome Penney’s qualified immunity. However, while dismissal at the

pleading stage weighs in favor of frivolity, Beach Blitz 13 F.4th at 1303, here

the parties went through the pleading stage, discovery, mediation, and

settlement discussions, and they filed their pretrial statements, proposed voix

2 The Court is aware that “if a plaintiff succeeds on one claim but also asserts a

frivolous claim unrelated to the successful claim, ‘the defendant may recover attorney’s

fees incurred in responding’ to the frivolous claim.” Quintana v. Jenne, 414 F.3d 1306,

1311 (11th Cir. 2005) (quoting Hensley v. Eckerhart, 461 U.S. 424, 435 n.10 (1988)).

However, the claims against Penney and the Sheriffs Office were related, not

“unrelated.” Id. And the “case-by-case basis” required under Sullivan supports viewing

the related claims together.

dire questions, and proposed jury instructions before Penney prevailed or

summary judgment. This weighs against the case’s frivolity.

Finally, the fourth factor asks whether the dismissal of the claim requirec

close attention by the court. This factor is “particularly important” and favor:

Marion.’ Beach Blitz, 13 F.4th at 13802; see also Busby v. City of Orlando, 93:

F.2d 764, 787 (11th Cir. 1991) (“Our circuit has held that the plaintiff's sectior

1983 claims should not be considered groundless or without foundation for the

purpose of an award of fees in favor of the defendants when the claims are

meritorious enough to receive careful attention and review.”). The Court did not

resolve this case on summary judgment without paying close attention to the

facts—including a meticulous reading of the two depositions and carefu

consideration of the relevant Florida criminal statutes—or without conducting <

painstaking review of Eleventh Circuit caselaw on arguable probable cause. See

Edger v. McCabe, 84 F.4th 1230, 1235 (11th Cir. 2023) (acknowledging the

Eleventh Circuit’s “inconsistent expositions” between actual and arguable

probable cause.). Additionally, Penney’s conduct, including his inexplicable

release of Marion’s friend, Michael Wilson, complicated the analysis. As

demonstrated above, this case clearly required close attention.

3 The Court considers this factor to be so important in this case that even if al]

the other factors favored Penney, the Court would have reached the same conclusion.

III. CONCLUSION

The Court finds that Marion’s action in bringing this suit cannot □□

characterized as unreasonable or meritless because the basis upon whicl

Penney prevailed was an issue of legal immunity requiring judicial resolution

Marion’s interpretation of the events that took place was not without foundatior

or frivolous, and the case required close attention by the Court. Accordingly

Penney’s Motion for Costs, Including Attorneys’ Fees, (Doc. 43), is DENIED.

DONE and ORDERED on May 2024,

EP =f Ries □□

/ JOHN ANTOON II

Wnited States District Judge

Copies furnished to:

Counsel of Record

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