Morgan Allen Armstrong v. Michael F. Andrews, et al

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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Nos. 15-12201; 15-12683
Non-Argument Calendar
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D.C. Docket No. 8:15-cv-01015-JDW-TGW
MORGAN ALLEN ARMSTRONG,
Plaintiff-Appellant,
versus
MICHAEL F. ANDREWS,
Honorable Judge,
M. E. HALKITIS,
RYAN MCGEE,
Asst. State Attorney,
MARK MOE,
Major Crimes Detective (Retired),
BRENDA MCBEL,
Deputy Clerk of Court,
Defendants-Appellees.
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Appeals from the United States District Court
for the Middle District of Florida
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(March 18, 2016)
Case: 15-12201 Date Filed: 03/18/2016 Page: 1 of 3

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Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.
PER CURIAM:
Morgan Armstrong, a Florida prisoner, appeals pro se the sua sponte
dismissal of his complaint against Judge Michael Andrews, Assistant State
Attorney M.E. Halkitis, Assistant State Attorney Ryan McGee, retired Major
Crimes Detective Mark Moe, and Deputy Clerk of Court Brenda McBel. See 42
U.S.C. § 1983. The district court concluded that Armstrong’s allegations about the
violation of his constitutional rights during a state criminal proceeding failed to
state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii). We affirm.
Judges and prosecutors ordinarily enjoy absolute immunity from suits about
actions taken in their official capacities. Judges enjoy absolute immunity for all
actions taken in their judicial capacity except when taken in a “clear absence of all
jurisdiction.” Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000) (internal
quotation marks and citation omitted). Absolute judicial immunity “applies even
when [a] judge’s acts are in error, malicious, or were in excess of his or her
jurisdiction.” Id. Prosecutors also enjoy absolute immunity for actions undertaken
in the course of initiating a prosecution. Id. at 1242. But a prosecutor is not
immune from suit if he knowingly makes false statements of fact in an affidavit.
Jones v. Cannon, 174 F.3d 1271, 1282 (11th Cir. 1999).
Case: 15-12201 Date Filed: 03/18/2016 Page: 2 of 3

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The district court correctly dismissed Armstrong’s complaint. Armstrong
alleged that Judge Andrews credited testimony that he knew was false during a
pretrial hearing, but the judge is entitled to absolute immunity for actions
performed in the exercise of his official duties. See Bolin, 225 F.3d at 1239; Sibley
v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005). Prosecutor Halkitis is not liable
for allegedly using false affidavits to secure a warrant for Armstrong’s arrest
because that act was undertaken in her role as an advocate for the State. See Bolin,
225 F.3d at 1242. Armstrong did not allege that Halkitis knew the affidavits were
false. And Halkitis is not liable for false statements that Armstrong alleged were
made by Detective Moe. See Jones, 174 F.3d at 1282. Armstrong has waived any
challenge that he could have made to the dismissal of his complaints against the
remaining members of the prosecution team. See Henry v. Warden, 750 F.3d 1226,
1232 (11th Cir. 2014). Armstrong does not dispute that he failed to state a claim
against Detective Moe or that Assistant State Attorney McGee and Deputy Clerk
McBel are immune from liability.
We AFFIRM the dismissal of Armstrong’s complaint.
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