# Candice Sorrells v. Josh Smith

> Court of Appeals for the Eleventh Circuit · August 29, 2024

URL: https://www.frixlaw.com/law-library/cases/10564697

## Case

- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** August 29, 2024
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Nature of suit:** NEW
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10564697

## How later opinions describe it (automated extraction)

- stating that “[w]e will not address a claim . . . that is being raised for the first time on appeal, without any special conditions” present
- clarifying that “[a]n affidavit is made under oath,” while “a declaration is not sworn, but is subject to the penalty of perjury” and that under § 1746 “declarations are afforded the same legal weight as affidavits, and are treated accordingly” (alteration in original

## Opinion text

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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit

____________________

No. 21-13568
____________________

CANDICE SORRELLS,
Individually and as next friend Z. P.,
Z.P.,
Plaintiffs-Appellees,
versus
CHIEF KENNY DODD,
in his Individual capacity,
et al.,

Defendants,

JOSH SMITH,
Detective in his Individual capacity,
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2 Opinion of the Court 21-13568

Defendant-Appellant.

____________________

Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 4:20-cv-00188-AT
____________________

Before JILL PRYOR, BRANCH, and HULL, Circuit Judges.
PER CURIAM:
In 2017, Detective Josh Smith arrested Candice Sorrells for
being a party to two crimes under Georgia law committed by her
boyfriend, Devecio Rowland: cruelty to animals and dogfighting.
After a grand jury declined to indict Sorrells and all charges against
her were dismissed, Sorrells sued Smith under 42 U.S.C. § 1983 for
malicious prosecution and under Georgia law for the torts of illegal
arrest, false imprisonment, and intentional infliction of emotional
distress (“IIED”). Smith moved for summary judgment, arguing
that (1) the federal malicious prosecution claim was barred by
qualified immunity; (2) the state-law claims of illegal arrest and
false imprisonment were barred by official immunity; and
(3) Sorrells’s IIED claim failed as a matter of law. The district court
denied summary judgment.
After careful review, and with the benefit of oral argument,
we (1) affirm the denial of summary judgment on the issue of
qualified immunity; (2) affirm the denial of summary judgment on
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the issue of official immunity; and (3) dismiss the IIED issue for
lack of appellate jurisdiction.
I. Background
A. Facts1
Sorrells was Rowland’s girlfriend and is the mother of one
of his children. Rowland, to help care for his child and Sorrells’s
other children, sometimes stayed at her house.
On August 28, 2017, Detective Smith arrested Rowland for
107 counts of animal cruelty and 107 counts of dogfighting. He
was convicted on all counts in April of 2018.
One fact relating to the investigation and arrest of Rowland
is relevant to Sorrells’s appeal. On August 8, 2017, during his
investigation of a location tied to Rowland, Animal Control
Director Jeff Crawford saw a female dog and “several puppies
housed in rabbit pens.” When Crawford returned later, the mother
dog and her puppies were no longer there.
On August 31, 2017, Smith visited Linda’s, a restaurant
where Sorrells worked, to interview her about Rowland’s crimes.
During this interview, Sorrells admitted to having the mother dog
and her seven puppies, and she told Smith that Rowland had given
her daughter the mother dog for her birthday in June and that the
dog had given birth to the puppies at her house in early August.

1 Because we evaluate this appeal at the summary judgment stage, we view

the facts in the light most favorable to Sorrells as the nonmovant. See Williams
v. Aguirre, 965 F.3d 1147, 1156 (11th Cir. 2020).
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Sorrells also told Smith that he could come by her house after work
to take the animals.
When Smith and another detective visited her home later
that evening, Sorrells gave consent for them to enter and search.
While searching the basement, Smith found a puppy in a shoebox.
Unbeknownst to Sorrells, her daughter had hidden the puppy there
“to keep the Officers from taking it.” The rest of the dogs “were
in a large wire cage” that “was clean” with “plenty [of ] room to
move around.” Smith called an employee from the Animal Control
Department to retrieve the dogs, and neither Smith nor the
employee told Sorrells that they believed “that the dogs were being
abused.” Rather, Smith told Sorrells the dogs “looked fine.”
Smith later testified in a deposition that he found nothing at
Sorrells’s house during that visit that “led [him] to believe that
[Sorrells] was complicit with Mr. Rowland[.]” But Smith said that
he thought the dogs in Sorrells’s home were being abused because
he did not believe the dogs had proper bedding, and because the
puppy in the basement had been isolated from its mother for
approximately ten to twenty minutes. 2 Smith also testified that he
questioned Sorrells’s ability to care for the dogs because they were
“laying in feces and urine.” 3 And Smith testified that he “was

2 Smith explained in his deposition that the puppy was too young to eat solid

foods and therefore would not “receiv[e] proper feeding” when separated
from its mother.
3 Smith, in the same deposition, contradicted himself by also testifying that he

did not find feces and urine in the dog crates. When evidence “conflicts at
summary judgment,” we have “an obligation to view all evidence and make
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provided pictures of the female [mother] dog upon her arrival at
[A]nimal [C]ontrol.” In Smith’s opinion, the pictures showed that
the mother dog “was severely underweight.”
While Rowland was in jail, Smith monitored his calls,
including his calls with Sorrells. From an August 30 call between
Rowland and Sorrells, Smith gathered two pieces of information
that he presented in his affidavit and application for a search
warrant for Sorrells’s home. First, according to Smith’s affidavit
and application for the search warrant, Rowland told Sorrells to go
to “Haney Farm Supply, Cedartown Feed and Seed, and to Ace
Hardware to speak with the guys or men about [Rowland] coming
in every day to get supplies,” revealing that Sorrells was familiar
with a dog food and supply shop. 4 Second, Sorrells said she had
Rowland’s cell phone, which, according to Smith, “contradict[ed]
what Sorrells told [officers] previously.” Based solely on Sorrells’s
knowledge of Rowland’s work contacts and her possession of the
cell phone, Smith was granted a search warrant for Sorrells’s home.
Officers searched Sorrells’s house on September 5, 2017,
finding the following items: “three black books with pictures of

all reasonable inferences in favor of the party opposing summary judgment.”
Allen v. Bd. of Pub. Educ. for Bibb Cnty., 495 F.3d 1306, 1315 (11th Cir. 2007)
(quotation omitted). Here, a reasonable inference in favor of Sorrells is that
Smith did not find feces and urine in the crates.
4 In Smith’s Statement of Material Facts, he stated that he viewed Sorrells’s

familiarity with Cedartown Feed and Seed, which sold dog food, as “an
important fact[.]” Smith did not explain why he viewed Sorrells’s familiarity
with a dog food shop as important.
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dogs”; 5 “seven types of veterinary medications, some in [the]
refrigerator, not issued by a veterinarian”; and “[25] photographs
of dogs, some with their mouths [] duct taped shut and being force
bred, labelled by name[.]” While the 25 photographs were in “a
Walmart photo envelope bearing [Sorrells’s] name,” Rowland’s
phone number was associated with the order. Sorrells speculated
that Rowland must have used her name to develop the photos.
Further, Sorrells testified in her deposition that, during this search
of her home, she handed Detective Smith a book called Dogs of
Velvet and Steel. 6
Sometime during the search, Smith and another detective
threatened to call the Department of Family and Children Services
(DFACS) to take Sorrells’s children from her and place them in
different homes. They said that they “would do it just to make [her]
mad[.]” As he was leaving, Detective Smith told Sorrells: “I’m
giving you until Thursday at 3:00pm to give me some information

5 In her deposition, Sorrells described the “three black books with pictures of

dogs” as “photo book[s] from Walmart,” and she “guess[ed]” that Rowland
had taken the pictures. The parties have not pointed us to any evidence
describing the conditions of the dogs in the pictures.
6 The record provides little information on this book. Sorrells testified in her
deposition that she did not know what was inside the book and that it “just
had a dog on the front[.]” She did not recall the type of dog but added that it
was not “a sweet, little poodle.”
In United States v. Stevens, the Supreme Court acknowledged that the book’s
author, Robert J. Stevens, “ran a business [called] ‘Dogs of Velvet and
Steel,’ . . . through which he sold videos of pit bulls engaging in dogfights and
attacking other animals.” 559 U.S. 460, 466 (2010).
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about [Rowland’s] dog fighting. If you don’t have anything, you
better make up something. If you don’t have any
information . . . I’m going to ‘lock you up.’”
According to Sorrells, she agreed to help Smith because she
wanted the officers to leave. But she never planned to set Rowland
up and later asked one of Rowland’s friends to alert him to Smith’s
demand. Smith learned about Sorrells’s warning to Rowland when
he intercepted a call in which “somebody [told Rowland], hey, I
talked to Candice. She’s suppose[d] to be trying to set you up on
the phone.”
On September 7, 2017, Smith applied for the first arrest
warrant he sought for Sorrells on 107 felony counts of being a party
to the crime7 of cruelty to animals under O.C.G.A. § 16-12-4(b). 8
The affidavit for arrest said:

7 Pursuant to O.C.G.A. § 16-2-20, anyone “concerned in the commission of a

crime is a party thereto and may be charged with and convicted of commission
of the crime.” O.C.G.A. § 16-2-20(a).
8 In relevant part, O.C.G.A. § 16-12-4(b) provides that an individual commits

the crime of animal cruelty when she causes the animal “physical pain,
suffering, or death,” or fails to provide adequate living conditions (e.g.,
sufficient “food, water, sanitary conditions, or ventilation”). O.C.G.A. §§ 16-
12-4(b)(1)–(2).
Although the affidavit for arrest labels the offense as a felony, we note that the
code section classifies the crime of cruelty to animals as a misdemeanor.
O.C.G.A. § 16-12-4(c). Georgia law says that a person “shall be guilty of a
felony” when they are “convicted of the offense of aggravated cruelty to
animals[.]” Id. § 16-12-4(e) (emphasis added). Sorrells was not arrested for
being a party to the crime of aggravated cruelty to animals.
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Said offense being described as [] 16-2-20 Felony, Party
To A Crime, 1 Count
Said Accused has committed the crime of party to the
crime of Cruelty to Animals when said accused said
she didn’t have any knowledge of another defendant
having that many dogs. Said Accused however had a
female dog that had recently given birth to seven
puppies who was extremely underweight and being
forced to lay in her own feces. Said Accused also aided
another defendant in committing over one hundred
counts of Cruelty to Animals.
This charge is for 107 counts. 9
Smith testified that he took out the first warrant on this date,
rather than after his initial house visit or at any other point in the
investigation, because Sorrells refused to help him investigate
Rowland, which “led [him] to believe she [was] complicit to all the
crimes[.]”
Detective Smith (alongside other officers) arrested Sorrells
at Linda’s during lunch on September 7 in front of her “customers,
co-workers, and [] managers.” According to Sorrells, Smith said, “I
told you if you didn’t help me I was going to lock you up.” Carrie
Blevins, another worker at Linda’s, stated in an affidavit that Smith
told her that Sorrells was arrested because she did not set Rowland
up as she agreed to, and she was “arrested . . . at her job so [the

9 Sorrells was charged with 107 counts because 107 dogs were found in
connection with Rowland’s arrest (excluding the puppies). But only the
mother dog and seven puppies were found in her home.
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officers] could embarrass her.” After Sorrells was arrested, Smith
personally called DFACS.
On September 25, Sorrells attended a bond hearing. During
the lunch break, Smith applied for a second arrest warrant against
Sorrells, this one for 107 felony counts of being a party to the crime
of dogfighting.10 The affidavit for arrest said:
Said offense being described as [] 16-2-20 Felony, Party To A
Crime, 1 Count
Said Accused is charged with Party to a Crime, 16-2-20
O.C.G.A., Said Accused is party to the crime of Dog
Fighting, 16-12-37, O.C.G.A[.], (107 counts) when said
accused helped and aided Mr. Devecio Rowland in fighting
dogs. Ms. Sorrells had veterinary care products, and dog
fighting literature at her residence . . . .
Sorrells was taken back to jail without bond, now charged with a
total of 214 counts—107 for being a party to the crime of cruelty
to animals (under the first affidavit for arrest) and 107 for being a
party to the crime of dog fighting (under the second affidavit for
arrest).

10 In short, O.C.G.A. § 16-12-37(b) provides that an individual commits the

felony crime of dogfighting when she engages in any number of activities
related to dogfighting, including possessing, training, or selling dogs to fight,
or causing dogs to fight one another. O.C.G.A. §§ 16-12-37(b)(1)–(5). The
second affidavit for arrest does not specify which part of O.G.C.A. § 16-12-37
Sorrells violated.
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In a declaration,11 Smith said that when he sought both
arrest warrants, he verbally provided the following details to the
magistrate judge (in addition to what he provided in the affidavits
for arrest): (1) Sorrells “was in possession of a mother dog and
several puppies that had been taken” from the initial crime scene;
(2) Sorrells “was in possession of several veterinary medicines,
some of which were prescription-only”; and (3) Sorrells’s name and
telephone number were on an envelope from Walmart containing
“photographs of dogs that were believed to be located in various
states of neglect at the other crime scenes.”
On November 6, 2017, Sorrells’s case went before a grand
jury. The grand jury declined to indict her and all charges against
her were dismissed. Sorrells was released on November 9, having
spent 63 days behind bars.

11 While Smith’s declaration is unsworn, it carries the same force as a sworn

affidavit under 28 U.S.C. § 1746 because he signed and dated the document,
and “declare[d] under penalty of perjury that” his statements “[are] true and
correct.” See Furcron v. Mail Ctrs. Plus, LLC, 843 F.3d 1295, 1303 n.2 (11th Cir.
2016) (clarifying that “[a]n affidavit is made under oath,” while “a declaration
is not sworn, but is subject to the penalty of perjury” and that under § 1746
“declarations are afforded the same legal weight as affidavits, and are treated
accordingly” (alteration in original) (quotations omitted)); Roy v. Ivy, 53 F.4th
1338, 1348 (11th Cir. 2022) (“[U]nder § 1746, a declaration executed within the
United States will substitute for a sworn affidavit if the declarant dates and
subscribes the document as true under penalty of perjury in substantially the
following form: ‘I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct. Executed on (date). (Signature).’”
(quoting 28 U.S.C. § 1746(2))).
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B. Procedural History
In 2019, Sorrells sued Smith (1) in his individual capacity
under 42 U.S.C. § 1983 for malicious prosecution 12 and (2) under
Georgia law for illegal arrest, false imprisonment, and IIED.13
Smith moved for summary judgment, arguing that (1) the
malicious prosecution claim failed as a matter of law and,
regardless, was barred by qualified immunity, (2) the illegal arrest
and false imprisonment claims under Georgia law were barred by
official immunity, and (3) the IIED claim failed as a matter of law.
The district court denied summary judgment on all three
issues. First, the court concluded that Sorrells “provided sufficient
evidence to establish her malicious prosecution claim.” The court
evaluated the two warrant applications and concluded that Smith
should have known that they failed to establish probable cause for
106 of the 107 felony counts they each charged. As for the single
count related to the mother dog, the court concluded that “there is
a question of fact as to whether [] Smith made an intentional false
statement to support this charge.” The court therefore found that
“the legal process justifying [Sorrells’s] . . . seizure . . . was

12 Sorrells originally raised a Fourth Amendment false arrest claim that the

parties later agreed is properly analyzed as a malicious prosecution claim.
13 Sorrells also raised other claims, including failure to intervene and
conspiracy claims under the Fourth Amendment and conversion of personal
property under Georgia law. But Sorrells either withdrew or abandoned those
claims in the district court. We therefore do not discuss those claims in this
appeal.
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constitutionally infirm” and that “her seizure would not otherwise
be justified without the legal process of the issued
warrant.” Accordingly, the court determined that Smith was not
entitled to qualified immunity on the malicious prosecution claim
because “Sorrells had a clearly established right to be free from a
seizure based on a warrant application that a reasonably well-
trained officer should have known was not supported by probable
cause.”
Second, addressing illegal arrest and false imprisonment
together, the district court concluded that state-law official
immunity did not bar either claim. Pointing to the record, “the
sheer number of felonies charged, and the timing of the second
warrant,” the district court found that Sorrells “presented sufficient
evidence to create a question of fact as to whether Detective Smith
acted with malice or a deliberate intent to cause her injury.”
Accordingly, the court denied summary judgment with respect to
the illegal arrest and false imprisonment claims.
Finally, addressing IIED, the court concluded that Sorrells
“presented sufficient evidence in support of her IIED claim to
proceed before a jury” and denied summary judgment with respect
to that claim.
This appeal followed.
II. Standard of Review
“Although we ordinarily have no jurisdiction to review the
denial of a motion for summary judgment, we can review denials
of qualified immunity and state-agent immunity under the
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collateral-order doctrine.” Aguirre, 965 F.3d at 1156. We review the
denial of qualified and official immunity de novo, “viewing the facts
in the light most favorable to the nonmovant.” Id. (quotations
omitted). “Summary judgment is warranted ‘if the movant shows
that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.’” Id. (quoting
Fed. R. Civ. P. 56(a)).
We review our jurisdiction de novo. McKusick v. City of
Melbourne, 96 F.3d 478, 482 (11th Cir. 1996).
III. Discussion
Smith presents three issues on appeal: (1) whether the
malicious prosecution claim under § 1983 is barred by qualified
immunity, (2) whether the illegal arrest and false imprisonment
claims under Georgia law are barred by official immunity, and
(3) whether the IIED claim fails as a matter of law. We take each
issue in turn.
(1) Whether the malicious prosecution claim is barred by qualified
immunity
Smith argues on appeal that he is entitled to qualified
immunity because he did not violate Sorrells’s Fourth Amendment
right to be free from unreasonable seizure as a result of a malicious
prosecution. See Chiaverini v. City of Napoleon, 144 S. Ct. 1745 (2024)
(discussing the contours of “what is often called a Fourth
Amendment malicious-prosecution claim under 42 U.S.C. § 1983”).
According to Smith, he did not violate the Fourth Amendment
because the information known to him at the time of the two
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affidavits for arrest against Sorrells amounted to actual probable
cause, if not arguable probable cause.
Qualified immunity protects government officials from
being sued in their individual capacities when they are performing
discretionary functions. Aguirre, 965 F.3d at 1156. “To determine
whether qualified immunity applies, we engage in a burden-
shifting analysis.” Brooks v. Miller, 78 F.4th 1267, 1280 (11th Cir.
2023). The first step requires a defendant to show that “he acted
within his discretionary authority.” Aguirre, 965 F.3d at 1156
(quotations omitted). Once the defendant makes that showing, the
burden shifts to the plaintiff to prove that qualified immunity does
not apply. Id. To show that qualified immunity does not apply, “a
plaintiff must . . . prove that the defendant violated a constitutional
right that was clearly established when the violation allegedly
occurred.” Id. (quotations omitted). “Clearly established means
that, at the time of the officer’s conduct, the law was sufficiently
clear that every reasonable official would understand that what he
is doing is unlawful.” Id. (quotations omitted).
The parties do not dispute that Smith acted within his
discretionary authority. And Smith has waived any issue
concerning whether he violated “clearly established” law at the
time of the alleged violation because he failed to raise it in his
opening brief on appeal. 14 Sapuppo v. Allstate Floridian Ins. Co., 739

14 Smith’s reply brief discusses whether the any-crime rule was “clearly
established” at the time of the facts of his case, an issue we will address in our
discussion of probable cause in the malicious prosecution context. But any
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F.3d 678, 682–83 (11th Cir. 2014). The parties therefore focus—and
so do we—on whether Smith violated Sorrells’s Fourth
Amendment right to be free from unreasonable seizure as a result
of a malicious prosecution.
We first briefly discuss the details of the underlying
prosecution—the 214 counts Smith charged against Sorrells, which
formed the basis for her seizure—before discussing whether it
amounted to a malicious prosecution.
A. The underlying prosecution
Smith charged Sorrells with 214 counts under Georgia law
in the two affidavits for arrest: (1) 107 counts of being party to the
felony crime of cruelty to animals under the first affidavit for arrest;
and (2) 107 counts of being party to the felony crime of dogfighting
under the second affidavit for arrest. The two affidavits for arrest
invoke Georgia’s party to a crime statute, which says that anyone
“concerned in the commission of a crime is a party thereto and
may be charged with and convicted of commission of the crime.”
O.C.G.A. § 16-2-20(a). “Georgia’s party-to-a-crime statute is a
catch-all statute that indicates a person can be convicted as a
principal to a crime whether [she] directly committed the crime,
aided and abetted its commission, or caused it to be committed.”
United States v. Roosevelt Coats, 8 F.4th 1228, 1250 (11th Cir. 2021).
Specifically, the Georgia Code provides that an individual “is

other arguments concerning whether Smith violated “clearly established” law
are neither raised by Smith nor addressed in this opinion.
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concerned in the commission of a crime only if [she]” does one of
the following: (1) “[d]irectly commits the crime”; (2) intentionally
causes another to commit the crime “under such circumstances
that the other person is not guilty of any crime either in fact or
because of legal incapacity”; (3) aids or abets in the crime; or
(4) “[i]ntentionally advises, encourages, hires, counsels, or procures
another to commit the crime.” O.C.G.A. § 16-2-20(b). Smith’s
affidavits did not reference whether Sorrells was seized as a
principal (the person who directly committed the crime) or as an
aider and abettor of the crime, so “we must assume that [Sorrells]
was . . . an aider and abettor,” Roosevelt Coats, 8 F.4th at 1243, which
“encompasses the concept of helping in the commission of a
crime,” Sharpe v. State, 531 S.E.2d 84, 89 (Ga. 2000).
Pursuant to O.C.G.A. § 16-2-21, “[a]ny party to a crime who
did not directly commit the crime may be indicted, tried,
convicted, and punished for commission of the crime upon proof
that the crime was committed and that [she] was a party thereto[.]”
Id. § 16-2-21; see also Brinson v. State, 413 S.E.2d 443, 444 (Ga. 1992)
(stating O.C.G.A. § 16-2-21 “provides that one who is a party to the
crime may be indicted, convicted and punished for that crime upon
proof that [she] was a party to the crime”). Because Rowland was
convicted for the crimes of animal cruelty and dogfighting, we
assume that there is “proof that the crime[s] [were] committed”
and focus our analysis on whether Sorrells was a party to those
crimes. See O.C.G.A. § 16-2-21.
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The Supreme Court of Georgia has explained that to
establish that one was a party to a crime, “[t]here must be some
evidence showing that the defendant shared a common criminal
intent to commit the crimes in question with the actual
perpetrators.” Higuera-Guiterrez v. State, 779 S.E.2d 288, 290 (Ga.
2015). “Criminal intent may be inferred from [a person’s] conduct
before, during, and after the crime.” Id. (emphasis added). And we
have stated that O.C.G.A. § 16-2-20 requires that “a defendant
affirmatively act in furtherance of a crime to be convicted as a party
to the crime[.]” Roosevelt Coats, 8 F.4th at 1250 (emphasis added).
B. Sorrells’s malicious prosecution claim
Based on the 214 counts against her, Sorrells was arrested
and held in jail. She asserts a § 1983 claim, arguing that Smith
violated “[her] clearly established right under the Fourth
Amendment to be free from an unreasonable seizure as a result of
a malicious prosecution.” Aguirre, 965 F.3d at 1157.
“We can simplify our standard for malicious prosecution
into two elements: the plaintiff must prove (1) that the defendant
violated [her] Fourth Amendment right to be free from seizures
pursuant to legal process and (2) that the criminal proceedings
against [her] terminated in [her] favor.”15 Luke v. Gulley, 975 F.3d
1140, 1144 (11th Cir. 2020). Sorrells can easily prove the second

15 This malicious prosecution claim differs from a false arrest or imprisonment

claim, which involves a seizure that takes place without legal process, such as
through a warrantless arrest. Aguirre, 965 F.3d at 1157–58.
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element because a grand jury declined to indict her and all charges
against her were dismissed. So we focus our analysis on the first
element.
Under the first element, to establish that Smith violated her
Fourth Amendment right to be free from seizures pursuant to legal
process, Sorrells “must establish (1) that the legal process justifying
[her] seizure was constitutionally infirm and (2) that [her] seizure
would not otherwise be justified without legal process.” Aguirre,
965 F.3d at 1165. Because Smith does not contest the district court’s
finding that Sorrells’s seizure would not otherwise be justified, we
solely evaluate whether her seizure was constitutionally infirm.
In this inquiry, we ask “whether ‘the judicial officer issuing
such a warrant [was] supplied with sufficient information to
support an independent judgment that probable cause exist[ed] for
the warrant.’” 16 Id. at 1162 (emphasis added) (alteration in original)
(quoting Whiteley v. Warden, Wyo. State Penitentiary, 401 U.S. 560,
564 (1971)). Sorrells can prove that her seizure was constitutionally
infirm if she makes one of two showings. First, Sorrells can show
that Smith “intentionally or recklessly made misstatements or
omissions necessary to support the warrant.” Id. If Sorrells has
“presented a genuine dispute of fact about whether [her] seizure
was unconstitutional,” “we assume that the statement was false
and consider (1) whether it was made either intentionally or in

16 This warrant-based seizure inquiry differs from our inquiry into warrantless

arrests, which “concern[s] whether the facts known to the arresting officer
establish probable cause[.]” Aguirre, 965 F.3d at 1162–63 (emphasis added).
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reckless disregard for the truth and, if so, (2) whether, after deleting
the misstatement[,] the affidavit is insufficient to establish probable
cause.” Id. (quotations omitted).
Second, Sorrells can show that Smith “should have known
that his [warrant] application failed to establish probable cause[.]”
Id. Probable cause “depends on the totality of the
circumstances[.]” District of Columbia v. Wesby, 583 U.S. 48, 57
(2018) (quotations omitted). It “is not a high bar”; “[i]t requires
only a probability or substantial chance of criminal activity, not an
actual showing of such activity.” Id. (quotations omitted). But
“conclusory [statements] clearly [are] insufficient to establish
probable cause.” Kelly v. Curtis, 21 F.3d 1544, 1555 (11th Cir. 1994)
(quoting Garmon v. Lumpkin Cnty., 878 F.2d 1406, 1408–09 (11th Cir.
1989)).
As an initial matter, we must determine whether Smith
needed probable cause for all of the specific crimes listed in the
affidavit, or if Smith only needed probable cause for “any crime.”
Under the “any-crime” rule, officers are insulated “so long as
probable cause existed to arrest the suspect for some crime, even if
it was not the crime the officer thought or said had occurred.”
Aguirre, 965 F.3d at 1158. At the time of Smith’s conduct in 2017,
the law was unsettled as to whether the any-crime rule applied to
claims of malicious prosecution. See id. at 1159 (discussing
unsettled state of the law before 2020). We had assumed, without
deciding, in several cases that the any-crime rule applied to Fourth
Amendment malicious prosecution claims. See Paez v. Mulvey, 915
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20 Opinion of the Court 21-13568

F.3d 1276, 1285–86 (11th Cir. 2019). Only after Sorrells’s arrest did
we (and later the Supreme Court) hold that the “any-crime” rule
does not apply to malicious prosecution claims—meaning that
officers need to show probable cause for each of the exact crimes
the officer said occurred in order to pass muster under the Fourth
Amendment. Chiaverini, 144 S. Ct. at 1750–51 (the U.S. Supreme
Court’s holding that the “any-crime” rule does not apply to claims
of malicious prosecution); Aguirre, 965 F.3d at 1162 (this Court’s
holding that “the any-crime rule does not apply to claims of
malicious prosecution”). Because the qualified immunity analysis
focuses on whether the law was clearly established at the time of
the officer’s actions, Aguirre, 965 F.3d at 1156, and, as of 2017, the
law on the application of the any-crime rule was at best unsettled,
we accept (for purposes of this opinion only) that the any-crime
rule applied to the claim of malicious prosecution brought in 2017
against Smith. See Paez, 915 F.3d at 1285–86 (stating our Court’s
prior assumption that the any-crime rule applied to malicious
prosecution claims). Under this assumption, to prevail, Sorrells
must show that probable cause does not support even a single
count that Smith raised against her.
i. Whether the first affidavit for arrest was
constitutionally infirm
The first affidavit for Sorrells’s arrest was for 107 counts of
being a party to the felony crime of cruelty to animals:
Said offense being described as [] 16-2-20 Felony, Party
To A Crime, 1 Count
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Said Accused has committed the crime of party to the
crime of Cruelty to Animals when said accused said
she didn’t have any knowledge of another defendant
having that many dogs. Said Accused however had a
female dog that had recently given birth to seven
puppies who was extremely underweight and being
forced to lay in her own feces. Said Accused also aided
another defendant in committing over one hundred
counts of Cruelty to Animals.
This charge is for 107 counts.
We analyze the warrant line by line to evaluate whether
Smith “intentionally or recklessly made misstatements or
omissions necessary to support the warrant,” or whether Smith
should have known that the information presented to the
magistrate judge failed to establish probable cause. Aguirre, 965
F.3d at 1165.
The first sentence simply states that Sorrells denied having
knowledge of Rowland owning a lot of dogs. It does not establish
anything remotely resembling probable cause. For example, no
other evidence is presented that could tie Sorrells to Rowland’s
crimes. “[S]uch . . . conclusory [statements] clearly [are]
insufficient to establish probable cause.” Kelly, 21 F.3d at 1555
(quotations omitted); Garmon, 878 F.2d at 1408 (statement that “to
the best of [affiant’s] knowledge and belief [plaintiff]
did . . . commit the offense of false report of a crime” was
“clearly . . . insufficient to establish probable cause”).
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22 Opinion of the Court 21-13568

The second sentence states that Sorrells “had a female dog
that had recently given birth to seven puppies who was extremely
underweight and being forced to lay in her own feces.” On its face,
this sentence might appear to present probable cause to arrest
Sorrells for being a party to animal cruelty. But there is a genuine
dispute of material fact as to whether that sentence—which relates
to just one of the first affidavit for arrest’s 107 counts against her—
is false. See Aguirre, 965 F.3d at 1167. Viewing the evidence in the
light most favorable to Sorrells as the nonmovant, there is evidence
in the record that the mother dog and puppies were not being
abused and lived in clean, spacious conditions—and that Smith had
observed as much when he visited Sorrells’s home on August 31.
From this evidence, a reasonable jury may conclude that Smith’s
assertion in his September 7 affidavit for arrest about the female
dog—that she “was extremely underweight and [was] forced to lay
in her own feces”—was false. Smith’s contention merely presents
“a genuine dispute of material fact” about whether the dog was
underweight in Sorrells’s care, and ultimately, “about whether the
warrant was invalid” due to an “intentional[] or
reckless[] . . . misstatement,” precluding summary judgment. Id.
at 1165, 1167.
Because Sorrells has “presented a genuine dispute of fact”
regarding the mother dog, implicating “whether [her] seizure was
unconstitutional,” “we assume that the statement was false and
consider [] whether it was made either intentionally or in reckless
disregard for the truth[.]” Id. at 1165 (alterations adopted)
(quotations omitted).
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It is not difficult to conclude that it was. A jury could infer
that Smith’s assumed false statements about the mother dog in the
second sentence were made intentionally or in reckless disregard
for the truth as retaliation for Sorrells’s refusal to help Smith
investigate Rowland. This conclusion is particularly easy to reach
given Smith’s threat to arrest Sorrells if she did not provide
information on Rowland’s crimes, the timing of Sorrells’s arrest
after she alerted Rowland to Smith’s instructions to provide “some
information about [Rowland’s] dog fighting,” and Blevins’s affidavit
corroborating that Smith arrested Sorrells for not setting up
Rowland. Additionally, Smith’s own deposition reveals that he
applied for the arrest warrant because Sorrells would not help him
find incriminating information on Rowland. From this evidence, a
reasonable jury could infer that Smith made the assumed false
statement about the mother dog in the first affidavit for arrest
“intentionally or in reckless disregard for the truth,” and therefore
the second sentence is constitutionally infirm. Id.
We turn to the third and final sentence, which merely says
that Sorrells “aided another defendant in committing over one
hundred counts of Cruelty to Animals.” This conclusory sentence
does not salvage the warrant. It fails to mention any dogs or
connect Sorrells to any dogs. Again, “such . . . conclusory
[statements] clearly [are] insufficient to establish probable cause.”
Kelly, 21 F.3d at 1555 (quotations omitted); Garmon, 878 F.2d at
1408.
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24 Opinion of the Court 21-13568

So, viewing all three sentences together, and deleting the
statement about the mother dog, a genuine dispute of fact exists as
to whether Smith “should have known that his application failed to
establish probable cause” for all of the 107 counts against Sorrells
in the first affidavit for arrest. Aguirre, 965 F.3d at 1165.
Smith urges us also to consider three pieces of information
that he allegedly verbally provided the magistrate judge when
applying for the first arrest warrant:17 (1) that Sorrells “was in
possession of a mother dog and several puppies that had been
taken” from the initial crime scene; (2) that Sorrells “was in
possession of several veterinary medicines, some of which were
prescription-only”; and (3) that Sorrells’s name and telephone
number were on an envelope from Walmart containing
“photographs of dogs that were believed to be located in various
states of neglect at other crime scenes.”

17 Our case law broadly states that “judicial review of the sufficiency of an

affidavit for the issuance of a warrant must be strictly confined to the
information brought to the magistrate’s attention.” W. Point-Pepperell, Inc. v.
Donovan, 689 F.2d 950, 959 (11th Cir. 1982). However, many of our cases
evaluate the facts and circumstances brought to the magistrate’s attention in
a warrant affidavit. See, e.g., Luke, 50 F.4th at 96. We need not decide whether
it is appropriate to evaluate information verbally imparted outside of the
written affidavits because the parties do not dispute that we should consider
this category of information and because it does not change the result. So, for
purposes of this opinion, we consider the information that Smith attests that
he verbally provided to the magistrate judge when he sought both arrest
warrants.
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These three oral statements fail to establish probable cause
because they lack any showing of intent or affirmative action on
behalf of Sorrells to suggest that she was a party to Rowland’s
crimes under Georgia precedent. See Higuera-Guiterrez, 779 S.E.2d
at 290; Roosevelt Coats, 8 F.4th at 1250. Furthermore, viewing the
evidence in the light most favorable to Sorrells, the veterinary care
products and Walmart envelope could have easily belonged to
Rowland, who sometimes stayed in her home. Sorrells testified
that the phone number on the Walmart envelope belonged to
Rowland, so Rowland could have used her name to develop the
photos, as Sorrells claimed, and left them at her house. Smith even
admits on appeal that “[Sorrells’s] mere possession of the
photographs [did] not mean that she and Rowland share[d]
criminal intent[.]” Furthermore, veterinary care products would
seem to help rather than harm the animals in Sorrells’s care.
Accordingly, this information does not show “a substantial chance
of criminal activity” on Sorrells’s part, and therefore falls short of
meeting the probable cause requirement. Wesby, 583 U.S. at 57
(quotations omitted).
Because of the foregoing, we conclude that the first affidavit
for arrest, even when supplemented by the three facts verbally
provided by Smith to the magistrate judge, failed to establish
probable cause for any of the 107 counts against Sorrells and
therefore was “constitutionally infirm.” Aguirre, 965 F.3d at 1165.
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26 Opinion of the Court 21-13568

ii. Whether the second affidavit for arrest was
constitutionally infirm
Next, we turn to the second affidavit for arrest, which Smith
presented to the magistrate judge over a lunch break during
Sorrells’s bond hearing for 107 counts of being a party to the felony
crime of dogfighting:
Said offense being described as [] 16-2-20 Felony, Party
To A Crime, 1 Count
Said Accused is charged with Party to a Crime, 16-2-
20 O.C.G.A., Said Accused is party to the crime of
Dog Fighting, 16-12-37, O.C.G.A[.], (107 counts)
when said accused helped and aided Mr. Devecio
Rowland in fighting dogs. Ms. Sorrells had veterinary
care products, and dog fighting literature at her
residence . . . .
We again start with the first sentence, which states that Sorrells
“helped and aided Mr. Devecio Rowland in fighting dogs.” Smith
should have known that this sentence failed to establish probable
cause because it lacks facts and is therefore conclusory. See Kelly, 21
F.3d at 1555; Garmon, 878 F.2d at 1408.
The second sentence, which says that “Sorrells had
veterinary care products[] and dog fighting literature” 18 at her

18 Smith’s reference to “dogfighting literature” likely refers to the book titled

Dogs of Velvet and Steel that Sorrells handed to Detective Smith during a search
of her house. While we do not opine on whether or not the book was in fact
dogfighting literature, we accept for purposes of this opinion that Smith
labeled it as such in his affidavit for the second arrest warrant.
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21-13568 Opinion of the Court 27

home, is also insufficient to support probable cause for any count
for being a party to the crime of dogfighting, let alone 107 counts.
Smith should have known that, pursuant to Georgia law, the
information that Sorrells possessed veterinary medication and dog
fighting literature is not enough to show probable cause that
Sorrells was party to a crime. This sentence does not demonstrate
Sorrells’s “intent to commit the crimes in question” with Rowland,
Higuera-Guiterrez, 779 S.E.2d at 290, or affirmative action “in
furtherance of a crime,” Roosevelt Coats, 8 F.4th at 1249–50. The
sentence therefore falls short of showing “a substantial chance of
criminal activity,” or probable cause that Sorrells was party to
Rowland’s crimes. Wesby, 583 U.S. at 57 (quotations omitted).
Just as he did for the first affidavit for arrest, Smith verbally
provided the same three additional details to the magistrate judge
alongside his second affidavit for arrest: (1) that Sorrells “was in
possession of a mother dog and several puppies that had been
taken” from the initial crime scene; (2) that Sorrells “was in
possession of several veterinary medicines, some of which were
prescription-only”; and (3) that Sorrells’s name and telephone
number were on an envelope from Walmart containing
“photographs of dogs that were believed to be located in various
states of neglect at other crime scenes.” These three details fail to
satisfy probable cause for the same reasons already stated in our
discussion under the first affidavit for arrest.
Accordingly, the second affidavit for arrest was
constitutionally infirm because Smith “should have known that his
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28 Opinion of the Court 21-13568

application failed to establish probable cause” for each of the 107
counts against Sorrells. Aguirre, 965 F.3d at 1165.
C. Smith’s counterarguments
Smith resists our reliance on Aguirre to conclude his two
affidavits for arrest were constitutionally infirm, and in doing so he
advances two points. First, he contends that cases before Aguirre
looked to the officer’s knowledge, rather than the information the
officer actually presented to the magistrate judge, to determine
whether probable cause existed. Smith argues that, because he
applied for the two arrest warrants before Aguirre was decided, we
should evaluate the malicious prosecution claim through the lens
of Smith’s knowledge. His approach, he argues, would lead us to
conclude that the information known to him at the time of the
affidavits for arrest amounts to probable cause.
Even assuming that Smith possessed information that would
lead us to such a conclusion on probable cause, our analysis does
not turn on the information known to him. As Smith himself
acknowledges, Aguirre “sought to harmonize prior malicious
prosecution precedents within the Eleventh Circuit” (emphasis
added). It did not create a new rule. Although some of our
previous decisions do say that probable cause for malicious
prosecution “turns on the facts and circumstances within the
[arresting] officer’s knowledge,” our earliest cases “look only to the
information before the judicial officer that issued the legal process
for the seizure.” Id. at 1158 (quotations omitted); see id. at 1163
(explaining the same). As we explained in Aguirre, the prior panel
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21-13568 Opinion of the Court 29

precedent rule dictates that we “follow the earliest precedent that
reached a binding decision on the issue.” Id. at 1163. And our
“earliest decisions asked whether the judicial officer who made the
probable-cause determination” was presented with “sufficient,
truthful information to establish probable cause.” Id. (emphasis
added). So “an otherwise insufficient affidavit cannot be
rehabilitated with information possessed by the officer when he
sought the warrant but not disclosed to the issuing magistrate.” Id.
at 1162 (alterations adopted) (quoting Whiteley, 401 U.S. at 565 n.8).
Smith’s argument falls short, and Aguirre controls. 19
Smith also resists our conclusion that both affidavits for
arrest were constitutionally infirm by arguing that we should give
“great deference” to the magistrate judge’s finding on probable
cause. But “[d]eference to the magistrate [judge] . . . is not
boundless.” United States v. Leon, 468 U.S. 897, 914 (1984). For
example, such deference “does not preclude inquiry into the

19 Smith also argues that he at least had arguable probable cause, a lesser

standard than actual probable cause, which exists when “a reasonable officer
presented with the corrected version of [the] affidavit could reasonably but
mistakenly conclude that probable cause is present to suspect [the plaintiff].”
Sylvester v. Fulton Cnty. Jail, 94 F.4th 1324, 1331 (11th Cir. 2024) (quotations
omitted). But even if we considered information known to Smith (but not
presented to the magistrate judge)—for example, information tied to
Rowland’s crimes and Sorrells’s relationship with Rowland—that information
would not lead an officer to “reasonably but mistakenly conclude that
probable cause is present[.]” Id. The information he points to does not save
the deficiencies in both affidavits for arrest addressed above, as it would still
lead to a seizure in violation of the Fourth Amendment. See id. at 1332.
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30 Opinion of the Court 21-13568

knowing or reckless falsity of the affidavit on which that
determination was based.” Id.; see also Aguirre, 965 F.3d at 1158 (“A
Fourth Amendment violation . . . occurs ‘when legal process itself
goes wrong—when, for example, a judge’s probable-cause
determination is predicated solely on a police officer’s false
statements.’” (quoting Manuel v. City of Joliet, 580 U.S. 357, 367
(2017))). And reviewing courts will not defer to a magistrate
judge’s “mere ratification of the bare conclusions of others.” Leon,
468 U.S. at 915 (quoting Illinois v. Gates, 462 U.S. 213, 239 (1983)).
Because Smith based his two affidavits for arrest on misstatements
or omissions made intentionally or recklessly, and because Smith’s
bare conclusions were not sufficient to support the magistrate
judge’s determinations of probable cause, no deference is
warranted to the magistrate judge’s finding on probable cause.
****
We hold that “[Sorrells] has met [her] burden to establish a
genuine dispute of fact about whether [s]he was seized in violation
of the Fourth Amendment.” Aguirre, 965 F.3d at 1167. We
therefore affirm the denial of summary judgment on the issue of
qualified immunity.
(2) Whether the illegal arrest and false imprisonment claims under
Georgia law are barred by official immunity
Smith also argues that the district court improperly denied
his motion for summary judgment on the state-law claims based
on official immunity. He summarily argues that official immunity
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21-13568 Opinion of the Court 31

bars the illegal arrest and false imprisonment claims against him20
“[b]ecause [Sorrells] lacks evidence to support actual malice[.]”
Official immunity is Georgia’s “analogue to qualified
immunity.” Smith v. LePage, 834 F.3d 1285, 1297 (11th Cir. 2016).
Evaluating official immunity requires “inquir[ing] into [Smith’s]
subjective intent[.]” Jordan v. Mosley, 487 F.3d 1350, 1357 (11th Cir.
2007) (applying Georgia law). State officers and employees “may
be liable for injuries and damages if they act [1] with actual malice
or [2] with actual intent to cause injury in the performance of their
official functions.” Ga. Const., art. I, § 2, ¶ IX(d) (1983); see also Patel
v. Lanier Cnty. Ga., 969 F.3d 1173, 1191 (11th Cir. 2020) (“Under
Georgia law, a public officer or employee may be personally
liable . . . for . . . acts performed with malice or an intent to injure.”
(quoting Grammens v. Dollar, 697 S.E.2d 775, 777 (Ga. 2010))).
The Supreme Court of Georgia has held that “‘actual
malice’ requires a deliberate intention to do wrong.” Adams v.
Hazelwood, 520 S.E.2d 896, 898 (Ga. 1999) (quoting Merrow v.
Hawkins, 467 S.E.2d 336, 337 (Ga. 1996)). “A ‘deliberate intention
to do wrong’ . . . must be the intent to cause the harm suffered by

20 On appeal, Smith actually argues that official immunity bars “all state law

claims” against him. But Smith only argued below that official immunity bars
his illegal arrest and false imprisonment claims. So any argument regarding
his IIED claim as it pertains to official immunity is raised for the first time on
appeal, and we do not address it. See Access Now, Inc. v. Sw. Airlines Co., 385
F.3d 1324, 1335 (11th Cir. 2004) (stating that “[w]e will not address a
claim . . . that is being raised for the first time on appeal, without any special
conditions” present).
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32 Opinion of the Court 21-13568

the plaintiffs.” Murphy v. Bajjani, 647 S.E.2d 54, 59 (Ga. 2007).
“Proof of ill will alone is not enough.” Hardigree v. Lofton, 992 F.3d
1216, 1233 (11th Cir. 2021).
The district court properly denied summary judgment on
the issue of official immunity because Sorrells presented sufficient
evidence to create a question of fact as to whether Smith acted with
actual malice—i.e., a deliberate intention to arrest Sorrells for a
crime she did not commit. Adams, 520 S.E.2d at 898. The record,
viewed in the light most favorable to Sorrells, shows that Smith told
Sorrells that he would “lock [her] up”—and ultimately did so—for
not helping him investigate Rowland, rather than for being
involved in Rowland’s crimes of cruelty to animals and dogfighting.
In fact, Smith testified that he took the warrant out only after he
understood that Sorrells refused to help him investigate Rowland.
From this evidence, and given the lack of probable cause, a
reasonable jury could find that Smith applied for the arrest
warrants with the deliberate “intent to do a wrongful act—to
imprison [Sorrells] unlawfully” in retaliation for her refusal to help
him investigate Rowland. Jordan, 487 F.3d at 1357 (denying
summary judgment on official immunity where plaintiff presented
evidence that defendant pursued an arrest warrant to “collect a civil
debt” to “teach [the plaintiff] a lesson”); see also Hardigree, 992 F.3d
at 1233 (stating that the “jury could find malice” where plaintiff
asserted enough facts to support that an officer tased him and
arrested him on charges that “had no basis”); Lagroon v. Lawson, 759
S.E.2d 878, 883 (Ga. Ct. App. 2014) (“[A] jury reasonably could infer
that [officers] arrested [plaintiffs] and took steps to secure grand
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jury charges against them despite knowing that they had not
committed any offenses, thereby establishing that the officers
deliberately intended to do a wrongful act.” (alterations adopted)
(quotations omitted)). 21
Because of the foregoing, we affirm the district court’s
denial of summary judgment on the issue of official immunity for
the state-law claims of illegal arrest and false imprisonment.
(3) Whether the IIED claim fails as a matter of law
Smith argues on appeal that Sorrells’s IIED claim fails as a
matter of law and that the district court erred in denying him
summary judgment with respect to that claim. The IIED claim,
however, presents a jurisdictional problem in this Court and,
accordingly, we dismiss the issue raised on appeal.

21 Although we end our official immunity analysis here, we also note that a

reasonable jury could find that Smith applied for the arrest warrants “with
actual intent to cause injury in the performance of [his] official functions.” Ga.
Const., art. I, § 2, ¶ IX(d). “The phrase actual intent to cause injury . . . mean[s]
an actual intent to cause harm to the plaintiff, not merely an intent to do the
act purportedly resulting in the claimed injury.” Kidd v. Coates, 518 S.E.2d 124,
125 (Ga. 1999) (quotations omitted).
Sorrells presented sufficient evidence to create a question of fact as to whether
Smith acted with an actual intent to harm her by putting her in jail and
removing her from her children. See id. For example, according to Sorrells,
Smith threatened to call DFACS “just to make [her] mad[.]” And after Sorrells
was arrested, Smith personally called DFACS. Further, Blevins stated that
Smith told her that he arrested Sorrells at work to “embarrass her.” So, for
this additional reason, the district court properly denied summary judgment
on the issue of official immunity.
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34 Opinion of the Court 21-13568

“We have a threshold obligation to ensure that we have
[appellate] jurisdiction,” even where no party has raised the issue.
Corley v. Long-Lewis, Inc., 965 F.3d 1222, 1227 (11th Cir. 2020).
“Under the pendent appellate jurisdiction doctrine, we may
address otherwise nonappealable orders if they are inextricably
intertwined with an appealable decision or if review of the former
decision is necessary to ensure meaningful review of the latter.”
Hudson v. Hall, 231 F.3d 1289, 1294 (11th Cir. 2000) (alterations
adopted) (quotations omitted). Further, “the exercise of pendent
appellate jurisdiction is discretionary, and we have not been shy
about declining to indulge in it.” Jackson v. City of Atlanta, 97 F.4th
1343, 1354 (11th Cir. 2024); see also King v. Cessna Aircraft Co., 562
F.3d 1374, 1379 (11th Cir. 2009) (“[T]he Supreme Court has
signaled that pendent appellate jurisdiction should be present only
under rare circumstances.”).
Because we may resolve the issues of qualified immunity
and official immunity without reaching the merits of the IIED
claim, the IIED issue is not “sufficiently interwoven . . . to fall
within [our] pendent appellate jurisdiction.” Harris v. Bd. of Educ.
of Atlanta, 105 F.3d 591, 595 (11th Cir. 1997); see Valderrama v.
Rousseau, 780 F.3d 1108, 1111 n.3 (11th Cir. 2015) (“Because we
may resolve the qualified immunity issue without reaching the
merits of the state law claims . . . , we lack jurisdiction to reach
those claims.” (quotations omitted)). And the issue of IIED, on the
one hand, and the issues of qualified and official immunity, on the
other, are not essential to each other. Hudson, 231 F.3d at 1294.
We therefore lack jurisdiction to reach the IIED claim and dismiss
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this issue. As a result, the IIED claim remains pending in the district
court.
IV. Conclusion
For the above reasons, we (1) affirm the denial of summary
judgment on the issue of qualified immunity for the malicious
prosecution claim, (2) affirm the denial of summary judgment on
the issue of official immunity for the state-law claims of illegal
arrest and false imprisonment, and (3) dismiss the IIED issue for
lack of appellate jurisdiction.
AFFIRMED IN PART, DISMISSED IN PART.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10564697. Public record. Not legal advice.