Opinion

Brumlow v. Shreveport

Court
District Court, W.D. Louisiana
Filed
Sep 25, 2025
Cited by
0 cases
Authority
More cited than 39.5%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

KAHLEB L. BRUMLOW CIVIL ACTION NO. 24-0741

VERSUS JUDGE S. MAURICE HICKS, JR.

CITY OF SHREVEPORT, ET AL. MAGISTRATE JUDGE HORNSBY

MEMORANDUM RULING

Before the Court is a Motion to Dismiss Pursuant to Rule 12(b)(6) brought by

Defendants Officer A. Neal (“Neal”) and the City of Shreveport (the “City”) (collectively,

“Defendants”). See Record Document 41. Plaintiff Kahleb L. Brumlow (“Brumlow”)

opposes. See Record Document 48. Defendants replied. See Record Document 49. For

the reasons stated below, Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(6)

(Record Document 41) is GRANTED IN PART AND DENIED IN PART.

BACKGROUND

The following facts are drawn from the Complaint and are assumed true for the

purposes of this motion.

On or about September 24, 2020, Brumlow was arrested by the Shreveport Police

Department (“SPD”) on a theft charge. See Record Document 39 at ¶ 8. Later, Brumlow

was arrested again for failing to appear in court. See id. Around November 2020, Brumlow

pled guilty to the charge, paid all related fines, and was told by an SPD detective that he

would take care of the warrant. See id. at ¶ 9.

On or about June 2, 2023, Brumlow went to the home of his minor children’s

mother to pick up the children for visitation, all in accordance with the custody agreement.

See id. at ¶¶ 10–11. When Brumlow was unsuccessful in contacting the mother, he

requested assistance by the DeSoto Parish Sheriff’s Department. See id. at ¶ 11. At this

point, the previously executed arrest warrant was found. See id. at ¶ 13. The facts in the

Complaint are contradictory as to how the warrant was found. Paragraph 13 states that

deputies with the DeSoto Parish Sheriff’s Department found the warrant, but paragraph

21 states that Officer Neal with the SPD sent the warrant to the deputies. See id. at ¶¶

13, 21. For purposes of this Motion to Dismiss, the Court assumes that Officer Neal sent

the warrant to the deputies. Additionally, Officer Neal knew the arrest warrant had been

previously executed at the time he sent the warrant to the deputies. See id. at ¶ 21. The

deputies then arrested Brumlow on this stale warrant, i.e., the warrant should have been

recalled but was never removed from the records. See id. at ¶¶ 13–14. Brumlow was

detained in the Desoto Parish Jail from June 2–5, 2023. See id. at ¶ 16. Desoto Parish

authorities contacted the SPD to come pick up Brumlow, and when the SPD officer arrived

at the jail, he realized that the warrant was inactive. See id. at ¶ 19. The SPD officer

transferred Brumlow to SPD headquarters in Shreveport, where officers told Brumlow

about the mistake and released him. See id.

Brumlow asserts that Officer Neal violated his Fourth and Fourteenth Amendment

rights under the U.S. Constitution to be free from false arrest, abuse of process, and

malicious prosecution. See id. at ¶ 26. Brumlow further asserts that the City is liable under

Monell for failing to establish effective policies regarding recalling stale warrants and for

failing to discipline Officer Neal. See id. at ¶ 28. Additionally, Brumlow asserts state law

tort claims of negligence, false arrest, abuse of process, and malicious prosecution

against Defendants. See id. at ¶¶ 36–41.

Officer Neal and the City filed a Motion to Dismiss seeking to dismiss all of

Brumlow’s claims against them. See Record Document 41. Defendants contend that the

federal claims against Officer Neal are barred by qualified immunity. See id. at 13.

Defendants further contend that Brumlow has failed to allege sufficient facts to establish

the Monell claims against the City. See id. at 19–26. Lastly, Defendants argue that

Brumlow has failed to state a claim under state law for negligence, false arrest, abuse of

process, and malicious prosecution. See id. at 23–25.

LAW AND ANALYSIS

I. Pleading and Dismissal Standards

Rule 8(a)(2) of the Federal Rules of Civil Procedure governs the requirements for

pleadings that state a claim for relief and requires that a pleading contain “a short and

plain statement of the claim showing that the pleader is entitled to relief.” To determine

whether a complaint is adequate under Rule 8(a)(2), courts now apply the “plausibility”

standard established in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and its

progeny. Under this standard, “factual allegations must be enough to raise a right to relief

above the speculative level . . . on the assumption that all the allegations in the complaint

are true (even if doubtful in fact).” Twombly, 550 U.S. at 555-56. If a pleading only contains

“labels and conclusions” and “a formulaic recitation of the elements of a cause of action,”

the pleading does not meet the standards of Rule 8(a)(2). Ashcroft v. Iqbal, 556 U.S. 662,

678 (2009) (citation omitted).

Federal Rule of Civil Procedure 12(b)(6) allows parties to seek dismissal of a

party’s pleading for failure to state a claim upon which relief may be granted. In deciding

on a Rule 12(b)(6) motion to dismiss, a court generally “may not go outside the pleadings.”

Colle v. Brazos County, 981 F.2d 237, 243 (5th Cir. 1993). Additionally, courts must accept

all allegations in a complaint as true. See Iqbal, 556 U.S. at 678. However, courts do not

have to accept legal conclusions as fact. See id. Courts considering a motion to dismiss

under Rule 12(b)(6) are only obligated to allow those complaints that are facially plausible

under the Iqbal and Twombly standard to survive. See id. at 678–79. If the complaint does

not meet this standard, it can be dismissed for failure to state a claim upon which relief

can be granted. See id.

II. Summary of the Arguments

Defendants assert several arguments in the Motion to Dismiss. First, Defendants

argue that the claims against Officer Neal are barred by qualified immunity. See Record

Document 41-1 at 13. Brumlow opposes Defendants’ qualified immunity defense by

arguing that qualified immunity is inapplicable because Officer Neal knew the warrant was

stale when he sent it to the deputies with the DeSoto Parish Sheriff’s Department. See

Record Document 48 at 15–19.

As to the federal malicious prosecution claim, Defendants argue that Brumlow has

not alleged sufficient facts to show malice. See Record Document 41-1 at 18. Brumlow

opposes this assertion by arguing that malice can be inferred from the lack of probable

cause and the use of irregular process, which is what happened under these facts. See

Record Document 48 at 12, 27.

Defendants argue that Brumlow’s constitutional claim for abuse of process cannot

succeed because such a right is not provided by federal law. See Record Document 41-

1 at 19. Plaintiff concedes. See Record Document 48 at 12.

Defendants argue that Brumlow’s Monell claim against the City for failing to

establish effective policies for removing stale arrest warrants from the records lacks merit

because Brumlow did not allege a constitutional violation, a pattern of incidents, or that a

specific policy or custom was the moving force behind a constitutional violation. See

Record Document 41-1 at 19–22. Defendants also argue that Brumlow’s failure to

discipline claim against the City should not survive Rule 12(b)(6) scrutiny because this

claim is based on a “ratification” theory that only applies in extreme factual circumstances

not present in this case. See id. at 22–23.

Brumlow opposes Defendants’ arguments, asserting he has sufficiently pled that

SPD has a recurring problem of not timely removing warrants from the database. See

Record Document 48 at 21. Additionally, Brumlow argues that the City failed to discipline

Officer Neal after he intentionally referred a stale warrant for execution. See id. at 23.

Defendants argue that the state law claims of false arrest and malicious

prosecution should fail on the same grounds as the analogous federal law claims. See

Record Document 41-1 at 23. Brumlow asserts that the lack of probable cause for his

arrest leads to an inference of malice in support of the malicious prosecution claim. See

Record Document 48 at 29.

Defendants assert that the state law negligence claim against Officer Neal cannot

survive because Officer Neal owed no duty to Brumlow, which is a necessary requirement

for a negligence claim. See Record Document 41-1 at 24–25. Brumlow responds without

mentioning Officer Neal but instead focuses on the negligence claim against the City. See

id. at 24–26.

Defendants’ Motion to Dismiss does not specifically address the state law abuse

of process claim or the negligence claim against the City.

III. Analysis

a. Federal False Arrest Claim

The existence of probable cause is a prerequisite to any constitutional arrest,

which is a “seizure” of a person under the Fourth Amendment. See Michigan v. DeFillippo,

443 U.S. 31, 37 (1979). “Probable cause” is defined as “facts and circumstances within

the officer's knowledge that are sufficient to warrant a prudent person, or one of

reasonable caution, in believing, in the circumstances shown, that the suspect has

committed, is committing, or is about to commit an offense.” Id. “The facts [constituting

the basis for probable cause] must be known to the officer at the time of the arrest; post-

hoc justifications based on facts later learned cannot support an earlier arrest.” Club

Retro, LLC v. Hilton, 568 F.3d 181, 204 (5th Cir. 2009).

The United States Court of Appeals for the Fifth Circuit has held that where

qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that

it was “‘clearly established that the circumstances with which’ the officer ‘was confronted

did not constitute probable cause and exigent circumstances.’” Pierce v. Smith, 117 F.3d

866, 871 (quoting Anderson v. Creighton, 483 U.S. 635, 635 (1987)). “[T]here must not

even ‘arguably’ be probable cause for the search and arrest for immunity to be lost.”

Brown v. Lyford, 243 F.3d 185, 190 (5th Cir. 2001) (internal quotations omitted). Qualified

immunity gives “ample room for mistaken judgments by protecting all but the plainly

incompetent or those who knowingly violate the law.” Id. Thus, to prevail on his Section

1983 claim of false arrest, Brumlow must show that there was no probable cause for his

arrest. See Haggerty v. Tex. S. Univ., 391 F.3d 653 (5th Cir. 2004).

Brumlow alleges that the arrest warrant at issue had previously been executed and

recalled but that the records were not updated to reflect this. See Record Document 39

at ¶ 13. When DeSoto Parish deputies arrested Brumlow, they did so based on that

warrant. See id. Brumlow alleges that the DeSoto Parish deputies “found” the warrant in

the system. See id. However, the Complaint also states that Officer Neal sent this warrant

to the arresting deputies knowing that it was stale. See id. at ¶ 21.

Brumlow’s assertion of Officer Neal’s knowledge is a conclusory allegation, not a

well-pleaded fact. See Iqbal, 556 U.S. at 678. The Complaint contains no factual

allegations showing how Officer Neal would have known that the warrant had already

been executed or how she otherwise became aware of its invalidity. Instead, Brumlow

appears to suggest that because Officer Neal is employed by the SPD, and the SPD had

originally executed the warrant, Officer Neal must have known that the warrant was stale.

This type of imputed knowledge allegation is insufficient. See id. Additionally, Officer Neal

had no duty to independently investigate the continuing validity of the warrant. See Baker

v. McCollan, 443 U.S. 137, 145–46 (1979). Brumlow must allege facts that plausibly

establish Officer Neal’s actual knowledge, not merely her employment with the SPD.

Although the warrant was invalid at the time of the arrest, officers are insulated by

qualified immunity if they reasonably believe that probable cause existed at the time of

the arrest. See Brown, 243 F.3d at 190. Here, Officer Neal’s mistake of fact regarding the

validity of the warrant does not destroy qualified immunity because she was reasonable

in her belief that the warrant was valid.

The Court notes that Brumlow alleges the warrant was “void on its face.” Record

Document 39 at ¶ 28. However, the Complaint does not allege any facts explaining how

Officer Neal should have known the warrant was invalid. Instead, the Complaint asserts

that the same warrant had been validly executed twice before but was not removed from

the records. See id. at ¶¶ 13–14. These allegations are inconsistent: the same warrant

cannot be both previously validly executed and facially invalid at the time of this arrest.

See id. at ¶¶ 13–14, 37. Moreover, Brumlow’s bare assertion that the warrant was facially

invalid, without factual support, is a legal conclusion that does not satisfy the pleading

requirements of Rule 8(a)(2). Ashcroft, 556 U.S. at 678.

Thus, absent factual allegations showing that Officer Neal knowingly provided false

information to the DeSoto Parish deputies, the false arrest claim fails. Thus, the Motion

to Dismiss the false arrest claim is GRANTED.

b. Federal Abuse of Process Claim

A federal abuse of process claim is not actionable under § 1983. The Fifth Circuit

has held that there is “no constitutional right to be free from abuse of process.” Morgan v.

Chapman, 969 F.3d 238, 247 (5th Cir. 2020), abrogated on other grounds, Thompson v.

Clark, 596 U.S. 36 (2022). Thus, the Motion to Dismiss the federal abuse of process claim

is GRANTED.

c. Federal Malicious Prosecution Claim

Brumlow raises a Fourth Amendment malicious prosecution claim against

Defendants. See Record Document 39 at ¶ 26. The Supreme Court of the United States

in Thompson v. Clark stated that the primary consideration in a Fourth Amendment

malicious prosecution claim is “the wrongful initiation of charges without probable cause.”

596 U.S. 36, 43 (2022). The Fifth Circuit has held that a plaintiff bringing a Fourth

Amendment malicious prosecution claim must prove the state law elements of the claim.

Armstrong v. Ashley, 60 F.4th 262, 279 (5th Cir. 2023). The elements of a malicious

prosecution claim under Louisiana law are:

(1) the commencement or continuance of an original criminal proceeding;

(2) its legal causation by the present defendant against plaintiff who was

defendant in the original proceeding; (3) its bona fide termination in favor of

the present plaintiff; (4) the absence of probable cause for such proceeding;

(5) malice; and (6) damages.

Id. (citing Gordy v. Burns, 294 F.3d 722, 727 (5th Cir. 2002)).

Because Brumlow has not sufficiently pleaded facts showing Officer Neal’s

knowledge that the warrant had been recalled, the Court assumes that Officer Neal’s

reliance on the warrant was a mistake of fact. See supra Part III(a). For the same reasons

discussed above with respect to Brumlow’s false arrest claim, this mistake of fact does

not defeat qualified immunity. See id. Where an officer reasonably relies on a facially valid

warrant, he does not violate clearly established law. See Brown, 243 F.3d at 190.

Accordingly, Officer Neal is entitled to qualified immunity on Brumlow’s federal malicious

prosecution claim. Therefore, Defendant’s Motion to Dismiss the federal malicious

prosecution claim is GRANTED.

d. Monell Claims

Brumlow alleges that the City is liable for failing to establish policies for effectively

recalling stale warrants. See Record Document 39 at ¶ 28. A municipality is not liable

under Section 1983 on the theory of respondeat superior. See Monell v. Dep't of Soc.

Servs. of City of New York, 436 U.S. 658, 691 (1978). Under Monell, a municipality may

be liable only if its official policy or custom is the “moving force” behind the plaintiff's

alleged constitutional right violation. Rivera v. Hous. Indep. Sch. Dist., 349 F.3d 244, 247

(5th Cir. 2003) (citations omitted). To succeed on a Monell claim against a municipality, a

plaintiff must establish three elements: “(1) an official policy or custom; (2) of which a

policy maker can be charged with actual or constructive knowledge; and (3) a

constitutional violation whose moving force is that policy or custom.” Valle v. City of

Houston, 613 F.3d 536, 541–42 (5th Cir. 2010) (internal quotations and citations omitted).

Official policy is generally found in “duly promulgated policy statements, ordinances or

regulations.” Id. A policy can also be evidenced by custom. A custom is a “persistent,

widespread practice of City officials or employees, which, although not authorized by

officially adopted and promulgated policy, is so common and well-settled as to constitute

a custom that fairly represents municipal policy.” Hinojosa v. Butler, 547 F.3d 285, 296

(5th Cir. 2008).

Brumlow’s claim that the City is liable for failure to establish policies for recalling

stale warrants must satisfy all three prongs of the Monell test. Under the first prong,

Brumlow must allege that there is an official policy or custom. See Valle, 613 F.3d at 541–

42. Brumlow does not identify any specific policy of the SPD. Rather, he characterizes

the City’s lack of a policy for establishing how to recall stale warrants and failure to timely

remove stale warrants from the records as a custom. See Record Document 39 at ¶ 28.

Although Brumlow does allege that the SPD’S failure to timely remove warrants is a

custom, he points to no prior incidents involving SPD officers arresting individuals based

on stale warrants. Rather, he only states that “[i]t is well known” that ineffective warrants

are not logged out of the SPD’s system and that arrests on stale warrants are a recurring

problem. See id. Without more factual allegations about prior incidents that officers have

arrested people on stale warrants, Brumlow’s claim fails on the first prong.

Even if the Court assumes there was a custom in place, Brumlow’s claim also fails

under the second and third prongs of the Monell test. The second prong of the Monell test

requires that a policymaker be charged with actual or constructive knowledge. See Valle,

613 F.3d at 541–42. Here, Brumlow makes no allegation that a policymaker knew of an

ongoing issue with arrests based on stale warrants. At most, Brumlow alleges that the

problem is “well known” generally. See Record Document 39 at ¶ 28. Thus, Brumlow’s

claim fails on the second prong of the Monell standard.

The third prong of the Monell test requires that the policy or custom be the moving

force behind the constitutional violation. See Valle, 613 F.3d at 541–42. To satisfy this

requirement, the Supreme Court has stated that “a plaintiff must show that the municipal

action was taken with the requisite degree of culpability and must demonstrate a direct

causal link between the municipal action and the deprivation of federal rights.” Bd. of Cnty.

Com'rs of Bryan Cnty., Okl. v. Brown, 520 U.S. 397, 404 (1997). The Court further explains

that “the plaintiff must demonstrate that a municipal decision reflects deliberate

indifference to the risk that a violation of a particular constitutional or statutory right will

follow the decision.” Id. at 411. Deliberate indifference is a high standard, and “[a] showing

of simple or even heightened negligence will not suffice.” Id. at 407. Here, Brumlow has

not alleged deliberate indifference. At most, Brumlow has alleged that policymakers within

the SPD have been negligent in failing to timely remove inactive warrants from the

system. Therefore, Brumlow’s Monell claim relating to the City’s alleged failure establish

effective policies for removing stale warrants fails.

In addition to the above claim, Brumlow makes a second Monell claim regarding

the City’s failure to discipline Officer Neal for “referring a known void warrant for execution

. . ..” Record Document 39 at ¶ 28. A municipality can be liable for failure to train,

supervise, or discipline its employees “when the municipality's failure shows a deliberate

indifference to the rights of its inhabitants.” Sanders-Burns v. City of Plano, 594 F.3d 366,

381 (5th Cir. 2010). Deliberate indifference requires more than mere negligence. See id.

Additionally, failure to discipline claims generally require the plaintiff to show a pattern.

See Lewis v. Horton, 665 F. Supp. 3d 801, 808 (W.D. La. 2023).

Here, Brumlow has alleged a single instance, his own, where Officer Neal referred

a stale warrant to be executed and the City did not discipline him in response. See Record

Document 39 at ¶ 28. These allegations do not show a pattern of officers freely arresting

people on stale warrants with no consequences, which is what a failure to discipline claim

contemplates.

There is a notable exception to the “pattern” requirement where a single instance

of misconduct plus inaction by the City after the incident can show an official policy or

custom as required by Monell. In Grandstaff v. City of Borger, Texas, police officers

opened fire and killed a property owner because they mistakenly thought he was the

suspect they had been pursuing. 767 F.2d 161, 165 (5th Cir. 1985). There was essentially

no response by the city or police chief after the incident regarding disciplinary actions or

policy changes. See id. at 170–71. The Fifth Circuit found that the city was liable for the

conduct of police officers under Monell because the lack of response to the situation

indicated a custom of conscious indifference to the rights of the people. See id. The Fifth

Circuit later stated that the Grandstaff analysis can only be applied to “extreme factual

situations” like the facts of Grandstaff itself. Snyder v. Trepagnier, 142 F.3d 791, 797 (5th

Cir. 1998) (citing Coon v. Ledbetter, 780 F.2d 1158, 1161 (5th Cir. 1986)). Although

Brumlow’s allegations are unfortunate, they do not rise to the level of “extreme” like the

facts in Grandstaff.1 Therefore, the analysis in Grandstaff is not applicable, and Brumlow

failed to establish a pattern of this kind of misconduct. Thus, the failure to discipline claim

against the City cannot survive the Motion to Dismiss. Accordingly, Defendants’ Motion to

Dismiss the Monell claims is GRANTED.

e. Negligence

Brumlow brings two distinct negligence claims against Defendants. First, Brumlow

alleges that the City was negligent on behalf of its employees for failing to remove his

warrant from the system.2 Second, Brumlow argues that Officer Neal was negligent in

failing to remove the warrant from the system. In Louisiana, the elements for a negligence

claim are:

(1) the defendant had a duty to conform his conduct to a specific standard

(the duty element); (2) the defendant's conduct failed to conform to the

appropriate standard (the breach element); (3) the defendant's substandard

conduct was a cause-in-fact of the plaintiff's injuries (the cause-in-fact

element); (4) the defendant's substandard conduct was a legal cause of the

plaintiff's injuries (the scope of duty element); and, (5) proof of actual

damages (the damages element).

Farrell v. Circle K Stores, Inc., 359 So. 3d 467, 473 (La. 2023). Brumlow alleges that “[t]he

City and its employees failed to remove the stale warrant from its active warrant

database.” Record Document 39 at ¶ 37. Defendants move to dismiss this negligence

1 The Court notes that there are many factual differences between Grandstaff and the present case which

support a finding that the Grandstaff analysis should not be applied here. For example, that case involved

an entire firing squad killing an innocent man without even attempting to identify him before shooting,

whereas the present case concerns a single officer’s referral of an invalid arrest warrant, resulting in three

days of detention before the error was corrected. Although regrettable, these circumstances are not

comparably extreme.

2 Although Brumlow names only Officer Neal in his Complaint, the Court understands him to argue that the

City is vicariously liable for whichever employee—Officer Neal or another—that failed to remove his warrant

from the system.

claim against the City but offer no supporting argument.3 Thus, the Court finds that

Brumlow’s negligence claim based on vicarious liability against the City survives.

Brumlow’s negligence claim against Officer Neal for failing to remove the warrant

or for referring a stale warrant for execution does not survive the Motion to Dismiss

because Brumlow cannot satisfy the duty element. He has made no factual allegations

showing that it was within Officer Neal’s duties to go into the record system and remove

the arrest warrant. In fact, Brumlow states that an SPD detective, rather than Officer Neal,

indicated to Brumlow that “he took care of the warrants.” See Record Document 39 at ¶

9. Thus, Brumlow has failed to sufficiently allege the duty element for his claim that Officer

Neal was negligent in failing to remove the warrant. As for the claim that Officer Neal was

negligent in referring the stale warrant for execution, the Court has stated above that

officers have no duty to investigate the validity of a facially valid arrest warrant. See supra

Part III(a). Therefore, this claim also fails under the duty element of negligence.

Accordingly, the Motion to Dismiss Plaintiff’s negligence claims is GRANTED IN

PART and DENIED IN PART.

f. State Law False Arrest

Under Louisiana law, a false arrest occurs when one arrests another against his

will without legal authority. See Kyle v. City of New Orleans, 353 So.2d 969, 971 (La.

1977). A facially valid arrest warrant immunizes officers from false arrest claims. See

Deville v. Marcantel, 567 F.3d 156, 172 (5th Cir. 2009); see also Deville v. Jefferson Parish

Sheriff’s Department, 762 So. 2d 641, 642 (La. App. 3d Cir. 2000), writ denied, 766 So.

2d 1281 (La. 2000). Here, Officer Neal was acting on a facially valid warrant and his

3 The Court notes that Defendants have not raised an argument for governmental immunity under La. R.S.

9:2798.1. This defense can be revisited at the Rule 56 stage.

reliance on such was reasonable. See supra Part III(a). Thus, Defendants’ Motion to

Dismiss the state law false arrest claim is GRANTED.

g. State Law Malicious Prosecution

As stated above, the elements of a malicious prosecution claim under Louisiana

law are:

(1) the commencement or continuance of an original criminal proceeding;

(2) its legal causation by the present defendant against plaintiff who was

defendant in the original proceeding; (3) its bona fide termination in favor of

the present plaintiff; (4) the absence of probable cause for such proceeding;

(5) malice; and (6) damages.

Armstrong, 60 F.4th at 279 (citing Gordy, 294 F.3d at 727). According to the Louisiana

Supreme Court, malice exists when “the charge is made with [the] knowledge that it is

false or with reckless disregard for whether it is false or not.” Brimmer v. A. Copeland

Enterprises, Inc., 609 So. 2d 847, 849 (La. App. 5th Cir. 1992), writ denied, 616 So. 2d

682 (La. 1993) (citation omitted). The core determination is whether the person had an

honest and reasonable belief of the facts at the time the charge was made. Id. (citation

omitted). Here, as explained above, Officer Neal’s knowledge was not sufficiently

supported by facts in the Complaint. See supra Part III(a). Additionally, this Court has

concluded that his mistake of fact regarding the validity of the warrant was reasonable.

See id. Therefore, Brumlow has not met the burden of alleging sufficient facts to show

malice. Thus, the Motion to Dismiss the state law claim of malicious prosecution is

GRANTED.

h. State Law Abuse of Process

According to Louisiana law, the elements for an abuse of process claim are “(1)

the existence of an ulterior purpose; and (2) a willful act in the use of the process not

proper in the regular prosecution of the proceeding.” Waguespack, Seago and

Carmichael (A PLC) v. Lincoln, 768 So. 2d 287, 290–91 (La. App. 1st Cir. 2000). Abuse

of process occurs when “the actor employs a legal process in a manner that although

technically correct, is for a wrongful and malicious purpose to obtain an unjustifiable end

or an object that it was not the purpose of the particular process employed to effect.”

Foster v. Bias, 358 So. 3d 520, 536 (La. App. 1st Cir. 2022), writ denied, 358 So. 3d 503

(La. 2023). Defendants do not address the state law claim for abuse of process in their

Motion to Dismiss, and their argument regarding the lack of a federal right to be free from

abuse of process is not transferable to the state abuse of process claim. Thus, Brumlow’s

abuse of process claim survives at this stage. The Motion to Dismiss the state law abuse

of process claim is DENIED.

CONCLUSION

Based on the reasons explained above,

IT IS ORDERED that Defendants’ Motion to Dismiss Pursuant to FRCP 12(b)(6)

(Record Document 41) is GRANTED IN PART and DENIED IN PART.

IT IS FURTHER ORDERED that the Motion to Dismiss Pursuant to FRCP 12(b)(6)

is GRANTED with respect to the federal false arrest claim, the federal malicious

prosecution claim, the federal abuse of process claim, the Monell claims, the state law

negligence claim as to Officer Neal, the state law false arrest claim, and the state law

malicious prosecution claim. These claims are DISMISSED.

IT IS FURTHER ORDERED that the Motion to Dismiss Pursuant to FRCP 12(b)(6)

is DENIED with respect to the state law negligence claim against the City and the state

law abuse of process claim.

An order consistent with this ruling shall issue herewith.

THUS DONE AND SIGNED, in Shreveport, Louisiana, this 25th day of September,

2025.

UNITED STATES DISTRICT JUDGE

17

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