Derrell Jones v. GTR Enterprises Inc
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 13, 2026
Docket25-13801
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-13801
Non-Argument Calendar
____________________
DERRELL JONES,
Plaintiff-Appellant,
versus
GTR ENTERPRISES INC,
d.b.a. Thomasville Toyota,
FRANKLIN R. ROLLINS, JR.,
CALEB LINDBERG,
Defendants-Appellees,
HOYT SMITH,
Defendant.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 7:23-cv-00087-LAG
____________________
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2 Opinion of the Court 25-13801
Before JORDAN, BRANCH, and KIDD, Circuit Judges.
PER CURIAM:
At issue in this appeal is whether two officers are entitled to
qualified immunity from a claim of false arrest. Derrell Jones was
arrested for theft by taking after he failed to return his rental car by
the agreed-upon return date. Jones alleges that the officers arrested
him without probable cause in violation of the Fourth
Amendment. The district court found that the officers were
entitled to qualified immunity and granted summary judgment.
We affirm.
I. Background
On April 10, 2022, Jones made an online reservation to rent
a car from GTR Enterprises, which does business as Thomasville
Toyota, a dealership in Thomasville, Georgia. Jones went to the
dealership and signed a contract to rent a 2022 Toyota Corolla.
The contract required Jones to return the car by April 15, but Jones
later extended the rental period by three days to April 18.
However, on April 18, Jones called the dealership and requested to
extend the rental period again, this time for another week. But
Jones lacked the funds to pay for a weeklong extension, so he chose
instead to extend the rental period by an additional day to April 19.
On April 19, Jones called the dealership to ask for a weeklong
extension again. He said that he anticipated being paid soon and
that he would pay for the extension once he received those funds.
Jones also admitted that he had driven over a truck tire and
damaged the car. The dealership declined to grant Jones any
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further extension and told him to return the car that day. Jones,
who at the time was 60 miles north of Thomasville in Albany,
Georgia, told the dealership that he would attempt to drop off the
car later that day.
When Jones stopped communicating with the dealership
and it became apparent that he would not return the car by the end
of the day, the dealership called the sheriff’s office and spoke to
Investigator Rollins. The dealership explained that Jones was not
returning its calls and had not returned a car he had rented. Rollins
told the dealership that if Jones did not bring back the car by the
close of business, it should call back and file a report.
Jones ultimately did not return the car on April 19. The next
day, April 20, the dealership called Rollins as instructed. It told him
that the car’s tracking software showed the car being driven back
toward Thomasville. Rollins asked the dealership to keep him
informed.
The dealership then filed a report with the sheriff’s office,
which dispatched Deputy Lindberg to review Jones’s rental
agreement. The dealership told Lindberg that Jones “said that he
was out of town, but [that was] a lie.” According to the car’s
software, Jones had returned to Thomasville and used the car to go
to a shopping center located only 200 yards from the dealership.
Later that morning, the dealership reported to the sheriff’s
office that the car’s software showed it was now parked at a nearby
address. Rollins, Lindberg, and another officer, Deputy Smith,
went to the address, where they found the rental car parked outside
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a home. After Lindberg knocked on the front door of the home,
Jones opened it, and Lindberg placed Jones under arrest. Jones was
then taken to jail and charged with theft by taking.
While Jones was in jail, Rollins conducted two separate
interviews with him. During the second interview, Rollins told
Jones that his criminal charge was being dismissed, and Jones was
released
Based on this series of events, Jones filed this action against
the dealership, Rollins, Lindberg, and Smith, who was later
dismissed from the suit. Among other claims, Jones asserted a
claim under 42 U.S.C. § 1983 for false arrest against Rollins and
Lindberg. See U.S. Const. amend. IV. Jones also asserted several
state-law claims, including a claim for false imprisonment against
all defendants. See O.C.G.A. § 16-5-41(a).
Following discovery, Rollins and Lindberg moved for
summary judgment, arguing that they were entitled to qualified
immunity from the false arrest claim. The district court agreed,
finding that Rollins and Lindberg had arguable probable cause to
suspect that Jones had committed a theft by taking under Georgia
law. After granting summary judgment for the officers on the false
arrest claim, the district court declined to exercise supplemental
jurisdiction over Jones’s remaining state claims, including the false
imprisonment claim. See 28 U.S.C. § 1367(a). Jones appealed.
II. Standard of Review
We review a grant of summary judgment de novo. Phillips v.
City of Hanceville, 184 F.4th 1267, 1270 (11th Cir. 2026).
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III. Discussion
Jones challenges the district court’s finding that Rollins and
Lindberg are entitled to qualified immunity from his false arrest
claim.
“Qualified immunity shields government officials from
liability for civil damages for torts committed while performing
discretionary duties unless their conduct violates a clearly
established statutory or constitutional right.” Prospero v. Sullivan,
153 F.4th 1171, 1182 (11th Cir. 2025) (quotations omitted). Officers
asserting a qualified-immunity defense have the burden to establish
that they were performing discretionary duties. If the officers
satisfy their burden, the burden then shifts to the plaintiff to show
that the officers “violated the plaintiff’s statutory or constitutional
right” and “that right was clearly established at the time of the
defendant’s conduct.” Id.
Jones does not dispute that Rollins and Lindberg were acting
within their discretionary authority. So we look to whether Jones
has carried his burden of establishing that Rollins and Lindberg
seized him in violation of his clearly established rights. He has not.
The Fourth Amendment protects “[t]he right of the people
to be secure . . . against unreasonable . . . seizures.” U.S. Const.
amend. IV. “An officer violates a person’s Fourth Amendment
right against unreasonable seizures if he arrests that person without
probable cause.” Phillips, 184 F.4th at 1271 (alterations adopted).
“Probable cause is not a high bar.” Dist. of Columbia v. Wesby,
583 U.S. 48, 57 (2018) (quotations omitted). “It requires only a
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probability or substantial chance of criminal activity, not an actual
showing of such activity.” Id. (quotations omitted). And to
establish the defense of qualified immunity for a false arrest claim,
“an officer need not have actual probable cause, but only arguable
probable cause.” Garcia v. Casey, 75 F.4th 1176, 1186 (11th Cir.
2023) (quotations omitted). “An officer has arguable probable cause
if ‘a reasonable officer, looking at the entire legal landscape at the
time of the arrests, could have interpreted the law as permitting the
arrests.’” Id. (quoting Wesby, 583 U.S. at 67 (emphasis in original)).
Rollins and Lindberg had arguable probable cause to arrest
Jones for theft by taking. In Georgia, “[a] person commits the
offense of theft by taking when he unlawfully takes or, being in
lawful possession thereof, unlawfully appropriates any property of
another with the intention of depriving him of the property,
regardless of the manner in which the property is taken or
appropriated.” O.C.G.A. § 16-8-2. Jones failed to return the rental
car to the dealership by April 19, the scheduled return date. After
Jones arrived in Thomasville on April 20, he continued to use the
car rather than return it to the dealership. Based on these facts, a
reasonable officer could have concluded that Jones violated
section 16-8-2.
Jones insists that there was no arguable probable cause to
arrest him because Rollins and Lindberg knew Jones told the
dealership that “he was on his way” to return the car. He also
argues that based on the facts that he rented the car pursuant to a
written agreement, purchased insurance, asked for extensions,
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remained in contact with the dealership, said that he planned to
return the car, and drove the car toward Thomasville, not away
from it, no reasonable officer would have concluded that Jones
intended to deprive the dealership of its property.
True, Jones entered into a valid rental contract, requested
permission to extend the rental period, and brought the car back to
Thomasville prior to the arrest. What Jones fails to mention,
however, is that he failed to return the rental car to the dealership
on the agreed-upon date after the dealership declined to grant him
any further extensions and asked him to return it. And even after
Jones arrived back in Thomasville the next day, he drove the car to
a shopping center located only 200 yards from the dealership and
still did not return it. These facts were sufficient to provide Rollins
and Lindberg with arguable probable cause to suspect Jones had
violated section 16-8-2.
Jones points to the deposition of the dealership’s fixed
operations director as further evidence that no reasonable officer
would have arrested him. The operations director testified that in
his 14 years of experience, he had never “seen customers arrested
for not returning their [rental] cars,” and that Toyota’s corporate
guidelines provide that dealerships “are not to resort to law
enforcement before sending [a customer who has failed to return a
rental car] a certified letter.”
But whether Rollins and Lindberg possessed arguable
probable cause to arrest Jones does not turn on the operations
director’s personal experience or Toyota’s corporate guidelines.
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“An officer lacks arguable probable cause only if the state of the law
on the date of the alleged misconduct makes it obvious that the
officer’s acts violated the plaintiff’s rights in the specific set of
circumstances at issue.” Garcia, 75 F.4th at 1186 (alteration
adopted) (quotations omitted). Given that Jones was arrested after
he failed to return the rental car when he arrived back in
Thomasville, it was not “obvious” that Rollins and Lindberg’s
conduct violated Jones’s rights. Id.
Next, Jones argues that because there were no exigent
circumstances, reasonable officers would have conducted a more
thorough investigation before making an arrest. We have
previously explained that officers are required to conduct a
reasonable investigation to establish probable cause, but they are
“not required to take every conceivable step at whatever cost, to
eliminate the possibility of convicting an innocent person.” Harris
v. Hixon, 102 F.4th 1120, 1129 (11th Cir. 2024) (quotations omitted).
The investigation that Rollins and Lindberg conducted satisfied this
standard. After the dealership reported that Jones failed to return
the rental car on the specified date, Rollins and Lindberg
maintained consistent contact with the dealership, which reported
that Jones had driven back to Thomasville but failed to return the
car. The absence of any exigent circumstances does not mean that
the investigation was unreasonable or that no arguable probable
cause existed to arrest Jones.
Jones also cites Rollins’s deposition testimony as
“compelling evidence” that he lacked arguable probable cause.
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Rollins testified that when he interviewed Jones after the arrest,
Rollins was “on the fence,” and he “needed to get a little bit more
information in order to make a decision if [he] wanted to follow
through with the arrest, take warrants out on [Jones], or . . . just
release him.” According to Jones, this testimony is proof that “the
information [Rollins] possessed at the time of arrest was not
sufficient to support it.”
Even assuming this testimony demonstrates that Rollins was
uncertain about whether Jones should have been arrested, we have
repeatedly explained that the standard for arguable probable cause
is “an objective one and does not include an inquiry into the
officer’s subjective intent or beliefs.” Grider v. City of Auburn, 618
F.3d 1240, 1257 (11th Cir. 2010). The dealership’s report that Jones
was continuing to use the car after the rental period lapsed was
sufficient evidence for a reasonable officer to “interpret[] the law as
permitting the arrest[].” Garcia, 75 F.4th at 1186 (quoting Wesby,
583 U.S. at 68). That Rollins subjectively harbored doubts does not
mean that under these circumstances an objective officer could not
have found arguable probable cause.
Jones’s last argument is that if we decide that Rollins and
Lindberg are not entitled to qualified immunity, we should remand
the case to the district court with instructions to consider the state
false imprisonment claim, which the district court declined to
exercise supplemental jurisdiction over. But we do not reach that
conclusion, so there is no reason to remand.
IV. Conclusion
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We affirm the order of the district court.
AFFIRMED.