Freeman v. Gore
483 F.3d 404 (5th Cir. 2007)
Holding
Deputies were not entitled to qualified immunity on an unlawful arrest claim where they arrested a bystander mother without probable cause at her own home while attempting to serve a felony warrant on her son, but were entitled to qualified immunity on the excessive force claim.
What This Case Is About
Linda Freeman was at home when Smith County deputies came to serve a felony arrest warrant on her son, Kevin. When Kevin wasn’t there, the deputies interacted with Freeman, who came out of her house yelling at them. The encounter escalated, and the deputies arrested Freeman. She sued under § 1983 for unlawful arrest and excessive force. The Fifth Circuit split the baby: the deputies were not entitled to qualified immunity on the unlawful arrest claim but were immune on the excessive force claim.
The Facts
On October 4, 2004, Deputies Jason Gore, Jeff Bragg, and Brian Allison of the Smith County Sheriff’s Department went to serve a felony arrest warrant on Kevin Freeman at his mobile home at 16449 County Road 15. Nobody answered. The deputies called a phone number on file for Kevin; the phone rang inside the mobile home, but Kevin’s sister Sheila answered from the house next door — their mother Linda Freeman’s home at 16447 County Road 15.
The deputies noticed wires and cables running between the two residences. Sheila explained she answered Kevin’s cordless phone, which could pick up calls next door. She told them Kevin wasn’t home.
While Deputy Gore spoke with Sheila, Linda Freeman emerged from her house and began yelling at the deputies. The situation escalated from there. The deputies arrested Freeman, though the specific details of what provoked the arrest and what force was used were disputed.
What the Court Decided
The Fifth Circuit affirmed the district court’s denial of summary judgment on the unlawful arrest claim. The court found genuine issues of material fact about whether the deputies had probable cause to arrest Freeman. Yelling at police officers is generally protected by the First Amendment, and verbal hostility toward officers — without more — does not establish probable cause for arrest. The deputies failed to show that Freeman’s conduct constituted a criminal offense justifying arrest.
However, the court reversed on the excessive force claim, finding that the deputies were entitled to qualified immunity. The force used during the arrest, viewed in the light most favorable to Freeman, did not constitute a clearly established constitutional violation under the circumstances.
Why This Case Matters for Your § 1983 Case
Freeman v. Gore is significant for several reasons. First, it reinforces that police officers cannot arrest bystanders simply for being verbally hostile or uncooperative during a warrant service. Yelling at officers is not, by itself, a crime. If you were arrested for “mouthing off” to police, this case supports your false arrest claim.
Second, the case illustrates the Fourth Amendment’s application to encounters at a person’s own home. The deputies were at Freeman’s house to find someone else. Freeman’s rights in her own home carry special weight under the Fourth Amendment.
Third, the split outcome — no immunity on unlawful arrest, immunity on excessive force — shows that qualified immunity is analyzed claim by claim, not globally. You can win on one theory and lose on another in the same case.
Key Takeaway
Police officers cannot arrest you simply for yelling at them or being uncooperative during an encounter at your own home. Verbal hostility toward police, without evidence of a criminal offense, does not establish probable cause. If you were arrested under circumstances like these — as a bystander during a warrant service who expressed anger or displeasure — you likely have a viable false arrest claim under § 1983.