Trey Beam v. Robert F. Abercrombie, Jr.

Before the Court is a question concerning erosion of the qualified immunity doctrine. In Baker v. McCollan, 443 U.S. 137, 145 (1979) this Court determined that “Due process does not require that every conceivable step be taken, at whatever cost, to eliminate the possibility of convicting an innocent person.” The Eleventh Circuit has created a narrow holding that under “unique and exceptional” circumstances an officer may lose qualified immunity by willfully failing to perform an adequate investigation. Kingsland v. City of Miami, 382 F.3d 1220, 1228-1233 (11th Cir. 2004). The Eleventh Circuit found the circumstances in Kingsland to be “unique and exceptional” because of allegations that the officers manufactured evidence to establish probable cause. Id. The Eleventh Circuit has in the present case expanded its holding to include a requirement of additional investigation even after the threshold in McCollan is met and even in circumstances where manufactured evidence is not alleged. The question presented here is: Whether an officer may lose qualified immunity based upon the allegation of “willful” failure to investigate even when the officer has established at least arguable probable cause of a misdemeanor crime through the statement of the putative victim.