Carla Blake v. Don Lambert

DON R. WILLETT, Circuit Judge:

Don Lambert, a Mississippi school attendance officer, swore an arrest warrant affidavit against Carla Blake for failing to ensure a child attended school. Blake contends that Lambert violated her Fourth Amendment rights because the affidavit lacked probable cause under Malley v. Briggs 1 and was untruthful under Franks v. Delaware . 2 Lambert moved to dismiss *218 or for summary judgment based on qualified immunity, which the district court denied.

We AFFIRM as to the Malley claim because the affidavit lacked any facts to establish probable cause. But we REVERSE as to…