Jennifer Powell v. Theodore Jackson, et al

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-14051
Non-Argument Calendar
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D.C. Docket No. 1:14-cv-00354-RWS
JENNIFER POWELL,
Plaintiff - Appellant,
versus
THEODORE JACKSON,
JOHN DOE I,
JOHN DOE II,
JOHN DOE III,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
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(March 18, 2016)
Before HULL, MARCUS and DUBINA, Circuit Judges.
PER CURIAM:
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This is an appeal from the district court’s grant of summary judgment in
favor of defendant, Sheriff Theodore Jackson, in an action brought by plaintiff,
Jennifer Powell, under 42 U.S.C. § 1983 for an alleged violation of Powell’s
constitutional rights. Specifically, Powell asserted that she was wrongfully
arrested and detained and that her rights were violated under Fourth, Fifth, Sixth,
and Fourteenth Amendments to the United States Constitution. She also asserted
claims for negligence, wrongful arrest, and false imprisonment under Georgia state
law. The district court ruled against Powell and granted summary judgment to
Sheriff Jackson.
We review a district court’s grant of summary judgment de novo. See
Cofield v. Goldkist, Inc., 267 F.3d 1264, 1267 (11th Cir. 2001).
After reviewing the record and reading the parties briefs, we agree with the
district court’s disposition of this case because Sheriff Jackson is entitled to
qualified immunity, Eleventh Amendment immunity, state law sovereign
immunity, and state law official immunity. Furthermore, we agree with the district
court that Sheriff Jackson cannot be held liable under 42 U.S.C. § 1983 for
supervisory liability.
Lastly, we agree with the district court’s grant of summary judgment
regarding Powell’s state law claims of negligence, wrongful arrest, and false arrest
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because Sheriff Jackson was acting within his discretionary authority with respect
to the conduct alleged by Powell and Sheriff Jackson would be entitled to official
immunity from Powell’s claims because the record is devoid of any evidence of
actual malice or intent to cause injury.
In addition to the above-stated reasons, we also affirm the order granting
summary judgment in favor of Jackson based on the district court’s well-reasoned
order filed on August 8, 2015.
AFFIRMED.
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