[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-10316 Non-Argument Calendar ____________________ DEMETRIUS RASHARD LUKE, Plaintiff-Appellant, versus JAMEEL H. GULLEY,

Defendant-Appellee.

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Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 1:19-cv-00122-LAG ____________________ USCA11 Case: 22-10316 Date Filed: 10/03/2022 Page: 2 of 13

2 Opinion of the Court 22-10316

Before WILLIAM PRYOR, Chief Judge, ROSENBAUM, and GRANT, Cir- cuit Judges. PER CURIAM: This appeal is the second time we have reviewed Demetrius Rashard Luke’s amended complaint against Jameel H. Gulley of the Albany Police Department for malicious prosecution. See 42 U.S.C. § 1983. In Luke’s first appeal, we vacated an order dismiss- ing his complaint for failure to allege a favorable termination on a charge of felony murder. Luke v. Gulley, 975 F.3d 1140, 1144–45 (11th Cir. 2020). Luke now appeals the summary judgment in favor of Detective Gulley based on qualified immunity. The district court ruled that, even though the detective’s affidavit was insufficient to provide probable cause to support the warrant to arrest Luke, the detective had at least arguable probable cause to arrest Luke. But because Luke established that the legal process underlying his sei- zure was constitutionally infirm and it would not have been other- wise justified, Detective Gulley does not enjoy immunity from suit. See id. at 1144; accord Laskar v. Hurd, 972 F.3d 1278, 1284 (11th Cir. 2020). So, we must again vacate and remand for further pro- ceedings. I. BACKGROUND Luke’s civil suit followed the termination of his prosecution for crimes related to a gang shootout. On March 4, 2017, while sev- eral of the South Side Bloods gathered outside Eric Davis’s USCA11 Case: 22-10316 Date Filed: 10/03/2022 Page: 3 of 13

22-10316 Opinion of the Court 3 residence on Jackson Street, John Lewis and members of the West Side Rattlers approached in Lewis’s truck. Lewis and his passengers opened fire on the Bloods, whose members retaliated. Lewis was shot in the back of the head and his truck crashed into a tree. Officers initially had little evidence to identify the shooters. Detective Gulley saw three black men flee from the scene, but nearby officers whom he radioed found no one in the vicinity. The officers collected only a handgun and expended cartridge cases in the passenger side floorboard of Lewis’s truck, in the bed of the truck, in the alley adjacent to Davis’s residence, and behind the res- idence. An eyewitness reported that one of the men who fled the scene had dreads in his hair, but the witness refused to provide a written statement. And Detective Gulley inquired in vain with nearby hospitals about their treatment of gunshot victims. On March 5, 2017, the Albany Police Department received an anonymous tip on its crime stoppers hotline. The tipster pro- vided “[s]econd hand information” that Demetrius Luke, Corey Wright, and two men known as Booman and Boonie were in- volved in the shootout. The tipster stated that Luke was a member of “The Bloods,” he had “[g]uns,” he hung out on “South Jackson and Willard,” and he drove a red two-door car. The tipster de- scribed Luke as being 21 to 22 years old, 5’6” to 5’7” tall, “[s]kinny,” and having “[b]lack/low cut” hair and a “[g]oatee.” Those physical characteristics matched a mugshot of Luke. On March 13, 2017, Detective