Opinion

Willie Aaron Green v. Jonathan Surine

Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 11, 2026
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.5%

The opinion

USCA11 Case: 25-10817 Document: 42-1 Date Filed: 02/11/2026 Page: 1 of 13

NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-10817

____________________

WILLIE AARON GREEN,

Plaintiff-Appellant,

versus

JONATHAN SURINE,

in his individual capacity,

CARL MITCHAM,

in his individual capacity,

Defendants-Appellees,

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY

GEORGIA,

The,

Defendant.

____________________

Appeal from the United States District Court

for the Middle District of Georgia

D.C. Docket No. 3:23-cv-00125-CDL

____________________

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2 Opinion of the Court 25-10817

Before ROSENBAUM, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

On the night of May 13, 2023, Officer Jonathan Surine and

Sergeant Carl Mitcham responded to a noise complaint concerning

music played at the Athens Sports Arena (the “Arena”), a sport and

event venue in Athens, Georgia. Willie Green, one of the Arena’s

owners, resisted the officers’ attempt to issue him a citation for the

noise, claiming that his property was exempt from the relevant

noise ordinance, and refused to provide identification. After

repeated requests, and a warning that his refusal to provide

identification was unlawful resistance and could result in his arrest,

the officers arrested Green for obstruction of a police officer.

Shortly after his arrest, the solicitor general for Athens-Clarke

County dismissed both the noise citation and the obstruction

charge.

Green sued the officers under 42 U.S.C. § 1983, alleging that

the officers violated his Fourth Amendment right by arresting him

for obstruction without probable cause. After discovery and

briefing, the district court granted the defendants’ motion for

summary judgment and dismissed Green’s lawsuit. The court

concluded that the officers had arguable probable cause to issue the

citation and arrest Green, and thus the officers were protected by

qualified immunity.

After careful consideration, and for the reasons that follow,

we affirm the district court because the officers had arguable

probable cause both to issue the citation and arrest Green.

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25-10817 Opinion of the Court 3

I. BACKGROUND1

The Arena, of which Green is a part owner, is a sport and

event venue located in a neighborhood in the extreme southwest

part of Athens-Clarke County. 2 The Arena is on Commerce

Boulevard, a small, looped side street populated by other

businesses. Immediately to the west of the Commerce Blvd. loop

upon which the Arena sits is a residential neighborhood populated

by around one hundred single-family homes, including the

complainant’s (the “Residential Neighborhood”).

On the evening of Saturday, May 13, 2023, around 7:45 p.m.,

Officer Surine responded to a noise complaint from a resident on

Park West Boulevard, one of the two main streets of the

Residential Neighborhood. Surine traveled to the home of the

complainant, where he could hear audible noise coming from the

direction of the Arena. Surine observed that the Residential

1 This case comes before us on appeal from a grant of summary judgment. As

such, we draw the facts in this opinion from the parties’ motion for summary

judgment briefing materials and present them in the light most favorable to

Green as the non-moving party. Wood v. Kesler, 323 F.3d 872, 875 n.1 (11th

Cir. 2003).

2 We take judicial notice of a Google map depicting the general geographic

features of the neighborhood in which the events of this case took place “as a

source whose accuracy cannot reasonably be questioned,” just as our sister

circuits have done in similar circumstances, and as we have done with maps

in the past. Fed. R. Evid. 201; see United States v. Proch, 637 F.3d 1262, 1266 n.1

(11th Cir. 2011); Pahls v. Thomas, 718 F.3d 1210, 1216 n.1 (10th Cir. 2013);

McCormack v. Hiedeman, 694 F.3d 1004, 1008 n.1 (9th Cir. 2012); United States v.

Julius, 14 F.4th 752, 756 (7th Cir. 2021) (collecting cases).

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4 Opinion of the Court 25-10817

Neighborhood was composed of single-family homes, and so

assumed they were zoned as single-family residential. At some

point between when he received the notice from dispatch and

heading to the Arena, Surine looked up the complainant’s

residence on qPublic.3 He believed that the qPublic information

concerning the complainant’s residence confirmed his belief that

the Residential Neighborhood was zoned residential. 4 Surine then

drove to the Arena and confirmed that it was the source of the

noise—loud music from a party.

After Surine arrived on the scene at the Arena, the event

host called Green, who made his way over. When Green arrived,

he and Surine began discussing the noise complaint. Surine

informed Green that the Arena was violating Athens-Clarke

County Code Ordinance 3-5-24 (the “Noise Ordinance”) and read

him the relevant code section. 5 Green insisted that Arena was

3 qPublic is a public database of information allowing users to view local

government information and related records online, including tax and zoning

information for plots of land.

4 qPublic reported the complainant’s home “Class” as “R3-Residential.” Just

below the “Class” line entry was language stating that “[t]his is for tax pur-

poses only. Not to be used for zoning.” A little further below the “Class”

category was a “Zoning” category, which listed the property’s zoning classifi-

cation as “C-G,” a commercial zoning class.

5 The Noise Ordinance reads, in relevant part,

It is unlawful for any person or persons to play, use, operate,

or permit to be played, used, or operated any radio receiving

device, television, stereo, musical instrument, phonograph

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25-10817 Opinion of the Court 5

exempt from the Noise Ordinance. During this conversation,

Surine asked Green several times to provide identification, and

explained that he needed Green’s identification to be able to issue

the written citation. Each time Green refused to comply.

After some discussion, Green asked for a supervisor. Surine

called Sgt. Mitcham, told him of the course of the interaction, of

Green’s request for a supervisor, and that he believed he had

probable cause to issue a citation for violation of the Noise

Ordinance. After Mitcham arrived, he advised Green that the

Arena was subject to the Noise Ordinance because, even though

the Arena was zoned commercial, the Arena fell within the scope

of the Noise Ordinance because its noise was reaching the

Residential Neighborhood which the officers believed to be zoned

residential. The officers concluded that the Residential

Neighborhood was zoned residential because it was composed of

sound amplifier or other machines or devices for the produc-

ing, reproducing or amplifying of sound and/or noise at such

a volume and in such a manner so as to create, or cause to be

created, any noises or sounds which are plainly audible at a dis-

tance of 300 feet or more from the building, structure or vehi-

cle, or in the case of real property, beyond the property limits,

in which it is located, whichever is farthest . . . between the

hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday.

Athens-Clarke Cnty. Code of Ordinances § 3-5-24(c)(1)(a). The restriction in

§ 3-5-24(c)(1)(a) “shall apply to noises and/or sounds generated by a

commercial entity that are plainly audible within any single-family residential

zoning district more than 300 feet beyond the property boundary of the

property from which the noises and/or sounds emanate.” Id. § 3-5-24(c)(8)(a).

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6 Opinion of the Court 25-10817

single-family homes, and from reviewing the qPublic page about

the complainant’s property. Green continued to insist that his

business was exempt from the Noise Ordinance and refused the

officers’ subsequent requests to provide his identification.

At this point, the officers warned Green that continued

refusal to provide them identification would be obstruction of their

attempts to fulfill their lawful duties, and that he would be subject

to arrest. Green reiterated his refusal. The officers then arrested

Green and charged him with obstruction of a police officer and

cited him for violation of the Noise Ordinance.

The citation and obstruction charge were eventually

dismissed by the solicitor general of Athens-Clarke County.

Concerning the Noise Ordinance citation, the Solicitor General

explained that, “[w]hile someone in the officer’s position that night

might reasonably believe that the [Residential Neighborhood] was

part of a ‘single-family residential zoning district,’ a subsequent

review . . . determined that the neighborhood is contained entirely

within a commercial zone,” and was thus exempt from the

ordinance. Concerning the obstruction charge, although “the

[s]tate could [have] arguably proceed[ed] with the charge of

[o]bstruction,” “given the totality of the circumstances, the [s]tate

believe[d] it [was] in the interest of justice to terminate prosecution

of th[e] case.”

Following the dismissal, Green brought this lawsuit against

the officers alleging they violated his Fourth Amendment right

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25-10817 Opinion of the Court 7

when they arrested him without probable cause.6 The officers

moved for summary judgment, arguing that they had arguable

probable cause for both the arrest for obstruction and issuance of

the Noise Ordinance citation, and therefore they were protected

by qualified immunity. The district court agreed and granted the

officers’ motion. It found that, “although Defendants turned out

to be mistaken in their application of the noise ordinance, they had

arguable probable cause to cite Green for violating it” because their

mistakes were “reasonable and honest.” As for the obstruction

charge, the district court noted that the officers were investigating

a noise ordinance violation for which they had arguable probable

cause. Thus, Green’s refusal to provide identification obstructed

the officers’ lawful investigation.

This appeal timely followed.

II. DISCUSSION

We review a district court’s order granting summary

judgment de novo. Edger v. McCabe, 84 F.4th 1230, 1235 (11th Cir.

2023).

Green argues that his arrest for obstruction violated his

Fourth Amendment right because the officers lacked probable

cause. More specifically, Green argues that his resistance was

lawful under Georgia law because the investigation he

6 Green also sued Athens-Clarke County. However, after the County filed its

motion for summary judgment, Green voluntarily dismissed the County from

the case.

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8 Opinion of the Court 25-10817

obstructed—the officers’ attempt to issue the noise citation—was

being pursued without probable cause, and thus was itself not

lawful. The defendants counter that qualified immunity defeats

Green’s Fourth Amendment claims because they had arguable

probable cause to cite the Arena, through its agent Green, for

violation of the Noise Ordinance.

Government officials, including police officers, are

protected by qualified immunity when they act in the exercise of

their discretionary duties. Vinyard v. Wilson, 311 F.3d 1340, 1346

(11th Cir. 2002). Once an official proves he was acting within his

discretion, the plaintiff can rebut the official’s entitlement to

qualified immunity “by showing that the government officials

(1) committed a constitutional violation; and (2) that this violation

was ‘clearly established’ in law at the time of the alleged

misconduct.” Edger, 84 F.4th at 1235.

Here, the parties do not dispute that the defendants acted

within the scope of their discretionary authority. Their dispute

turns on whether the defendants’ actions violated clearly

established Fourth Amendment law. For Fourth Amendment

purposes, arrests are seizures and are unreasonable unless

supported by probable cause. See Skop v. City of Atlanta, 485 F.3d

1130, 1137 (11th Cir. 2007). Furthermore, we have said that an

officer is entitled to qualified immunity if he had even “arguable

probable cause.” Brown v. City of Huntsville, 608 F.3d 724, 734 (11th

Cir. 2010). “In the false arrest context, arguable probable cause

exists where a reasonable officer, looking at the entire legal

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25-10817 Opinion of the Court 9

landscape at the time of the arrests, could have interpreted the law

as permitting the arrests.” Edger, 84 F.4th at 1236–37 (quotation

omitted). The arguable probable cause inquiry is not a broad

general analysis, but “must be undertaken in light of the specific

context of the case.” Id. at 1237. In other words, “whether an

officer possesses either actual or arguable probable cause depends

on the elements of the alleged crime and the operative fact

pattern.” Id.

The officers had arguable probable cause that the Arena was

violating the Noise Ordinance. The Noise Ordinance makes it a

crime for commercial businesses to make noise which can be heard

in a “single-family residential zoning district” that is at least 300 feet

away from the business. See Athens-Clarke Cnty. Code of

Ordinances § 3-5-24(c). It is undisputed that the Arena and the

Residential Neighborhood sit in the same commercially zoned

neighborhood. The only dispute is whether the officers made a

reasonable mistake when they concluded that the Residential

Neighborhood was a “single-family residential zoning district.”

The officers relied on two pieces of information to conclude

that the Residential Neighborhood was zoned as single-family

residential. First, the officers observed that the Residential

Neighborhood was composed of single-family homes. Second, the

officers used the qPublic database to look up the zoning

information relating to the complainant’s home in the Residential

Neighborhood. They observed that the qPublic database reported

the complainant’s home “Class” as “R3-Residential.” According to

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10 Opinion of the Court 25-10817

Sgt. Mitcham, “[a]t that point we were going off of the belief that a

single-family residence would be zoned as such, and off of qPublic

[data].” With their observation corroborated by what they saw on

the qPublic website, the officers concluded that the Residential

Neighborhood was a “single-family residential zoning district”

under the Noise Ordinance.

Green argues that the officers’ conclusion was flawed, as

they “turn[ed] a blind eye to information clearly before the

officer[s] that would have shown Green’s innocence,” thus denying

them probable cause to arrest Green. Green points to two pieces

of information on qPublic’s page for the complainant’s residence.

First, that the R3-Residential classification of the complainant’s

home was expressly caveated as a tax, not zoning, classification by

the language (immediately beneath the “Class” information)

stating that “[t]his is for tax purposes only. Not to be used for

zoning.” Second, that just beneath the “Class” information was a

“Zoning” categorization, which listed the property’s zoning

classification as “C-G,” a commercial zoning class. 7

7 Green also argues that the officers cannot rely on the qPublic website for

their arguable probable cause analysis because, since their body camera

footage does not show them viewing the website, we should infer that they

did not access the website during their investigation of the noise complaint.

We disagree for two reasons. First, there are several gaps in the body camera

footage during which the officers could have accessed the website, and they

stated in sworn testimony that they did access it. Second, removing the

qPublic information from the analysis is harmful to Green’s argument, not the

officers. Green relies on the officers’ mistaken interpretation of the qPublic

database to argue their lack of probable cause. Without the qPublic database

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25-10817 Opinion of the Court 11

Green’s argument is misplaced in light of our arguable

probable cause caselaw. To be sure, the officers were wrong about

the facts. But the inquiry is whether they had “arguable” probable

cause, an inquiry focused on what a reasonable officer’s

interpretation of the law would be considering the facts facing the

officer defendants. Edger, 84 F.4th at 1236–37. Here, it was

reasonable for the officers, observing the class of the complainant’s

home on the qPublic website in the broader context of the

composition of the Residential Neighborhood, to not look further

than the “Class” information in reaching the honest but mistaken

belief that the neighborhood was zoned residential. The officers’

mistaken conclusion about the Residential Neighborhood’s zoning

status is especially reasonable considering the degree of physical

separation between the Residential Neighborhood and Arena’s

commercial district on Commerce Boulevard. While the two areas

are next to each other, they are separated by hundreds of feet,

which supports the officers’ inference that they are part of separate

subdivisions and therefore separate zoning classifications. Thus,

considering the broader factual and legal context facing the officers,

they had arguable probable cause that the Arena was violating the

Noise Ordinance. 8

information, the officers’ only information about the zoning of the Residential

Neighborhood is their observation about its composition—a plainly

reasonable basis to conclude that it is a single-family residential zoning district.

8 Green’s reliance on Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir. 2004),

is also misplaced as the facts of Kingsland are not analogous to the facts here.

In Kingsland—which we called “unique and exceptional”—there was strong

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12 Opinion of the Court 25-10817

The officers also had probable cause to arrest Green for

obstruction because his refusal to provide identification upon

request was an unlawful interference with the officers’ duty. “A

knowing and willful refusal to provide identification to an officer

acting in the lawful discharge of his official duties may constitute

obstruction under OCGA § 16–10–24(a).” 9 Brown v.

GeorgiaCarry.org, Inc., 331 Ga. App. 890, 892–93 (2015). Here, as

explained above, the officers were acting in the lawful discharge of

their official duties when they requested Green’s identification

because they were attempting to issue a citation to Green for which

they had arguable probable cause.

Green’s actions in refusing to provide his identification were

knowing and willful. The officers asked Green numerous times for

his identification. Surine informed him that without his

identification they would not be able to issue the citation—thus

conveying to Green the knowledge that continued resistance

meant hindering the officers’ objective of issuing the citation. The

officers also warned Green that continued refusal may cause them

circumstantial evidence that the officers potentially fabricated the fact that

they detected cannabis odor so that they could arrest the plaintiff, and in doing

so, “chose to either ignore or misrepresent” the facts behind the arrest. Id. at

1226–27, 1231. Green offers no evidence beyond the content of the qPublic

site to support his contention that the officers intentionally ignored the

information on the site.

9 OCGA § 16–10–24(a) states that “a person who knowingly and willfully

obstructs or hinders any law enforcement officer in the lawful discharge of his

official duties is guilty of a misdemeanor.”

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25-10817 Opinion of the Court 13

to arrest him for obstruction. And so, when Green continued to

refuse to comply, his decision to do so was knowing and willful

despite the possible consequences. Thus, the officers had probable

cause to arrest Green, they did not violate Green’s Fourth

Amendment right, and they are protected by qualified immunity.

III. CONCLUSION

Considering the analysis above, the district court did not err

in concluding that qualified immunity protected the defendant

officers. 10

AFFIRMED.

10 Green’s motion to take judicial notice of the contents of certain qPublic

pages is denied as moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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