Ortega v. Christian, 85 F.3d 1521 (11th Cir. 1996). · Go Syfert
Ortega v. Christian, 85 F.3d 1521 (11th Cir. 1996). Cases Citing This Book View Copy Cite
381 citation events (323 in the last 25 years) across 19 distinct courts.
Strongest positive: Marcus v. Insurance Corporation of Miami-Dade County (flsd, 2023-11-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Marcus v. Insurance Corporation of Miami-Dade County
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a false arrest violates the fourth amendment and forms the basis for a section 1983 claim.
discussed Cited as authority (verbatim quote) Alexander v. Lencrerot
N.D. Ga. · 2023 · quote attribution · 1 verbatim quote · confidence high
an arrest made with probable cause . . . constitutes an absolute bar to a section 1983 action for false arrest.
discussed Cited as authority (verbatim quote) Bowen v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
probable cause does not require overwhelmingly convincing evidence, but only reasonably trustworthy information.
examined Cited as authority (verbatim quote) David Sosa v. Martin County, Florida (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
in light of the sparse information christian had when he made the arrest, christian knew or should have known that the imprisonment of ortega may have constituted an unlawful imprisonment under section 1983 in violation of the fourteenth amendment.
discussed Cited as authority (verbatim quote) Alexander v. Lencrerot (2×) also: Cited as authority (rule)
N.D. Ga. · 2022 · quote attribution · 1 verbatim quote · confidence high
an arrest made with probable cause constitutes an absolute bar to a section 1983 action for false arrest.
examined Cited as authority (verbatim quote) Fabiano B. Pinto v. Kevin J. Rambosk
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
where a police officer lacks probable cause to make an usca11 case: 21-13064 date filed: 06/24/2022 page: 9 of 19 21-13064 opinion of the court 9 arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest.
discussed Cited as authority (verbatim quote) ROBINSON v. MCNEESE (2×) also: Cited as authority (rule)
M.D. Ga. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is now settled law that there is probable cause for a warrantless custodial arrest even for a seemingly insignificant crime.
discussed Cited as authority (verbatim quote) Stallworth v. Hurst
M.D. Ala. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
where a police officer lacks probable cause to make an arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest.
discussed Cited as authority (verbatim quote) HILL v. DEWEY
M.D. Ga. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a past history between the informant and law enforcement could lend support for the informant's veracity and reliability.
discussed Cited as authority (verbatim quote) Bennett v. Harper
S.D. Ga. · 2019 · quote attribution · 1 verbatim quote · confidence high
a detention on the basis of a false arrest presents a viable section 1983 action.
discussed Cited as authority (verbatim quote) Gray v. Ferdarko (2×) also: Cited as authority (rule)
N.D. Ga. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the complaint does not reveal that christian took any independent steps to investigate the ... tip or had any evidence prior to arresting ortega which would have corroborated the information ....
discussed Cited as authority (verbatim quote) Malissa L. Brown v. Bill Smith
11th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
a warrantless arrest without probable cause violates the fourth amendment and forms a basis for a section 1983 claim.
examined Cited as authority (verbatim quote) Caruso v. City of Cocoa, Florida
M.D. Fla. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a detention on the basis of false arrest presents a viable section 1983 action. thus, where a police officer lacks probable cause to make an arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest
discussed Cited as authority (verbatim quote) Rankin v. Evans
11th Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
probable cause is a complete bar to an action for false arrest and false imprisonment.
discussed Cited as authority (rule) Joel Paez in his individual capacity and as the administrator for the Estate of Manuel Esteban Paez Teran, Belkis Teran v. Ryan Long, et al.
N.D. Ga. · 2026 · confidence medium
“Probable cause does not require overwhelmingly convincing evidence, but only ‘reasonably trustworthy information.’” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996) (quoting Marx v. Gumbinner, 905 F.2d 1503, 1506 (11th Cir. 1990)).
discussed Cited as authority (rule) Michael Moore v. Kenneth Finley, et al.
N.D. Ala. · 2026 · confidence medium
And he does cite an Eleventh Circuit case saying that “[w]here a police officer lacks probable cause to make an arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest.” Id. at 31 (quoting Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996)).
cited Cited as authority (rule) Justin Smith v. William King, III
N.D. Ga. · 2026 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996).
discussed Cited as authority (rule) Clemente Javier Aguirre-Jarquin v. Robert Hemmert
11th Cir. · 2025 · confidence medium
See Tillman, 886 F.2d at 320–21; Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996) (de- termining an officer erred in relying on an informant’s tip that was constitutionally inadequate to support probable cause for an arrest without further investigation, additional inculpatory evidence, or corroborating information).
discussed Cited as authority (rule) Shaw v. Carson
S.D. Ga. · 2025 · confidence medium
No Reasonable Juror Could Find that Defendant Lacked Probable Cause to Arrest Plaintiff “[A] warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a section 1983 claim.” Carter v. Butts Cnty., 821 F.3d 1310, 1319 (11th Cir. 2016) (quoting Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996)). “[P]robable cause is a flexible and fluid concept[] that looks . . . to the totality of the circumstances to determine the reasonableness of the officer’s belief that a crime has been committed.” Paez v. Mulvey, 915 F.3d 1276, 1286 (11th Cir. 2019).
discussed Cited as authority (rule) JONES v. GTR ENTERPRISES INC
M.D. Ga. · 2025 · confidence medium
Considering the false arrest claim, it is well established that “[a] warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a section 1983 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996).
cited Cited as authority (rule) Wilson v. Escambia Board of Education
S.D. Ala. · 2025 · confidence medium
P. 12(c) is appropriate when “no issues of material fact exist, and the movant is entitled to judgment as a matter of law.” Ortega v. Christian, 85 F.3d 1521, 1524-25 (11th Cir. 1996).
cited Cited as authority (rule) AEGIS Security Insurance Company v. MW Industrial Services, Inc.
S.D. Ala. · 2025 · confidence medium
P. 12(c) is appropriate when “no issues of material fact exist, and the movant is entitled to judgment as a matter of law.” Ortega v. Christian, 85 F.3d 1521, 1524-25 (11th Cir. 1996).
cited Cited as authority (rule) Hansen v. Price
D. Idaho · 2025 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
cited Cited as authority (rule) Godwin v. State Farm Mutual Automobile Insurance Company
S.D. Ala. · 2025 · confidence medium
P. 12(c) is appropriate when “no issues of material fact exist, and the movant is entitled to judgment as a matter of law.” Ortega v. Christian, 85 F.3d 1521, 1524-25 (11th Cir. 1996).
discussed Cited as authority (rule) WILLIAMS v. BUTTS
M.D. Ga. · 2025 · confidence medium
“A warrantless arrest made without probable cause violates the Fourth Amendment and forms a basis for a § 1983 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996) (citing Max v. Gumbinner, 905 F.2d 1503, 1505 (11th Cir. 1990)).
discussed Cited as authority (rule) Hardin v. Oakley Transport Inc.
M.D. Fla. · 2025 · confidence medium
Thus, when evaluating a motion under Rule 12(c), the Court “accept[s] the facts in the Complaint as true and view[s] them in the light most favorable to the nonmoving party.” Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996).
discussed Cited as authority (rule) Turner v. State Of Georgia
S.D. Ga. · 2025 · confidence medium
Ga. Sept. 24, 2012) (“[W]here an arrest is made pursuant to a warrant, a form of legal process, a cause of action for false arrest or false imprisonment based on the arrest will not lie.”) “A warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a § 1983 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996) (citation omitted).
discussed Cited as authority (rule) Majeroni v. Chatham County Board of Elections (2×) also: Cited "see, e.g."
S.D. Ga. · 2025 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996) (citing Baker v. McCollan, 443 U.S. 137, 142 (1979)).
discussed Cited as authority (rule) Falvo v. Atlantic Specialty Insurance Company
M.D. Fla. · 2025 · confidence medium
A judgment on the pleadings pursuant to Rule 12(c) is appropriate when “no issues of material fact exist, and the movant is entitled to judgment as a matter of law[,]” Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996), or when “the complaint lacks sufficient factual matter to state a facially plausible claim for relief that allows the court to draw a reasonable inference that the defendant is liable for the alleged misconduct.” Jiles v. United Parcel Serv., Inc., 413 Fed.Appx. 173, 174 (11th Cir. 2011) (citing Bell Atl.
discussed Cited as authority (rule) MACK v. CITY OF MARIANNA
N.D. Fla. · 2024 · confidence medium
Probable cause “does not require overwhelmingly convincing evidence, but only reasonably trustworthy information.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996) (internal citations and quotations omitted).
cited Cited as authority (rule) Pettway v. Amazon Fulfillment Center
M.D. Fla. · 2024 · confidence medium
Thus, the Court “accept[s] the facts in the Complaint as true and view[s] them in the light most favorable to the nonmoving party.” Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996).
cited Cited as authority (rule) Crist v. Lloyd
D. Idaho · 2024 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
cited Cited as authority (rule) Christensen v. Bowden
M.D. Fla. · 2024 · confidence medium
See Rule 12(c); Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996).
cited Cited as authority (rule) McCoy v. Clifford
D. Idaho · 2024 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
cited Cited as authority (rule) Jordan v. Jacksonville Sheriff's Office
M.D. Fla. · 2024 · confidence medium
“A warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a [§] 1983 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996).
discussed Cited as authority (rule) Corbin v. Prummell, Jr.
M.D. Fla. · 2024 · confidence medium
“Where a police officer lacks probable cause to make an arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest.” Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996) (citation omitted).
cited Cited as authority (rule) Matuguina v. City of Boise
D. Idaho · 2024 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
cited Cited as authority (rule) Le Clerc, Sr. v. Kuiper
M.D. Fla. · 2024 · confidence medium
“A warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a [§] 1988 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir, 1996).
cited Cited as authority (rule) Pringle v. Duncan
M.D. Fla. · 2024 · confidence medium
“A warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a [§] 1983 claim.” Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996).
discussed Cited as authority (rule) K&M Handling, LLC v. Seaboard Marina, Ltd., Inc.
S.D. Fla. · 2024 · confidence medium
A judgment on the pleadings pursuant to Rule 12(c) is appropriate when “no issues of material fact exist, and the movant is entitled to judgment as a matter of law[,]” Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996), or when “the complaint lacks sufficient factual matter to state a facially plausible claim for relief that allows the court to draw a reasonable inference that the defendant is liable for the 1 The Bills of Lading numbers are SMLU 7294078A, ECF No. [1-3] at 2, and SMLU 7294078A002, ECF No. [1-5] at 2. alleged misconduct.” Jiles v. United Parcel Serv., Inc., 413 Fe…
cited Cited as authority (rule) Stakey v. Deputy Kyle O'Brien
D. Idaho · 2024 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
cited Cited as authority (rule) John Carson v. Monsanto Company
11th Cir. · 2024 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996) (citing Fed.
discussed Cited as authority (rule) Spectrum Sunshine State, LLC v. Solivita Community Association, Inc.
M.D. Fla. · 2023 · confidence medium
Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008); Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996) At the dismissal or judgment on the pleadings stage, a court may consider matters judicially noticed, such as public records, without converting a defendant’s motion to one for summary judgment.
discussed Cited as authority (rule) Montgomery-Harbin v. Wilcher
S.D. Ga. · 2023 · confidence medium
A § 1983 claim for false imprisonment is “based on a detention pursuant to that arrest [that lacked probable cause].” Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996); see also Wallace, 549 U.S. at 389 (“[F]alse imprisonment consists of detention without legal process.”).
cited Cited as authority (rule) Dicks v. Fipps
M.D. Fla. · 2023 · confidence medium
See Rule 12(c); Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996).
cited Cited as authority (rule) Rothenberg v. United Parcel Service, Inc.
M.D. Fla. · 2023 · confidence medium
See Rule 12(c); Ortega v. Christian, 85 F.3d 1521, 1524 (11th Cir. 1996).
discussed Cited as authority (rule) Tucker v. City of Valdez, Alaska
D. Alaska · 2023 · confidence medium
However, he does mention a claim for deliberate fabrication of evidence under Devereaux v. Abbey in his Opposition to the Motion for Summary Judgment.92 The Court does not construe a represented plaintiff’s complaint liberally.93 Nonetheless, even if the Court were to construe Mr. Tucker’s 88 See Baker v. McCollan, 443 U.S. 137, 142 (1979). 89 See, e.g., Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996); accord Smith v. Bangs, No. 2:22-CV-00426-BLW, 2023 WL 2244672 , at *4 (D.
discussed Cited as authority (rule) Pilgrim v. City of Atlanta, Georgia
N.D. Ga. · 2023 · confidence medium
The Plaintiffs largely rely on authority prohibiting warrantless arrests without probable cause in the individual Fourth Amendment context, rather than § 1983 cases challenging government policies as being unconstitutional. , , 85 F.3d 1521, 1525 (11th Cir. 1996).
cited Cited as authority (rule) Hoffman v. Dalgado
M.D. Fla. · 2023 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1525 (11th Cir. 1996).
cited Cited as authority (rule) Smith v. Cousins
D. Idaho · 2023 · confidence medium
Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996).
Retrieving the full opinion text from the archive…
Fernando Alberto ORTEGA, Plaintiff-Appellant,
v.
W. CHRISTIAN, Officer, Individually, and as Police Officer for Metro-Dade Police Department; Fred Taylor, Individually as Director/Chief of Police of Metro-Dade Police Department, Metro-Dade Police Department, a Political Subdivision of Dade County, Florida, Defendants-Appellee
94-5300.
Court of Appeals for the Eleventh Circuit.
Jun 25, 1996.
85 F.3d 1521
Douglas S. Lyons, Alan Goodman, Lyons and Farrar, P.A., Coral Gables, Florida, for Appellant., Mitchell Alexander Bierman, Dade County Attorney’s Office, Miami, FL, for Appellees.
Hatchett, Barkett, Oakes.
Cited by 253 opinions  |  Published
HATCHETT, Circuit Judge:

Appellant, Fernando Alberto Ortega, appeals the district court’s order granting a judgment on the pleadings in favor of appellees, Officer William Christian, Chief Fred Taylor, and the Metro-Dade Police Department on his claims for false arrest and false imprisonment under 42 U.S.C. § 1983. We reverse.

FACTS

On January 21, 1992, the Metro-Dade Police Department (MDPD) received a report of a robbery and kidnapping. On January 23, 1992, a confidential informant informed the MDPD and Officer Christian that an organized group of which he was a member committed the robbery. The informant stated that he knew the member who committed the robbery, provided the address of the alleged robber’s residence, and proceeded with Christian to that address. That address belonged to Ortega’s brother.

Upon arrival at the address, the informant identified Ortega and his brother as the men[*1524] who committed the robbery. Christian immediately arrested both men and searched the residence. Ortega proclaimed his innocence and requested an opportunity to prove a case of mistaken identity. Christian refused to comply with Ortega’s request and failed to make any inquiries into the claims of innocence. The MDPD held Ortega in custody for five months without bond until Ortega’s bond hearing on June 3, 1992. At the bond hearing, the court ordered the release of Ortega from custody.

The victim of the robbery never identified Ortega as the person who committed the robbery. Ortega, however, repeatedly proclaimed his innocence and demanded an opportunity to appear in a line-up or a photo spread. The MDPD scheduled and cancelled Ortega for a line-up or photo spread on three separate occasions — April 24, April 30, and May 14 — during the five months of his incarceration.

PROCEDURAL HISTORY

On April 22,1994, Ortega filed a complaint in the state courts against Officer William Christian, in his individual capacity, Chief Fred Taylor, in his individual capacity, and the Metro-Dade Police Department, seeking damages pursuant to 42 U.S.C. § 1983 and common law on claims of false arrest and false imprisonment. The appellees-defendants removed the case from state court to federal court. Accepting as true the facts presented in Ortega’s complaint, the appellees filed a motion for judgment on the pleadings. After a time extension, Ortega filed a memorandum in opposition to appellees’ motion for judgment on the pleadings. The district court granted appellees’ motion for judgment on the pleadings finding that probable cause existed to arrest Ortega; therefore, Ortega could not prevail on a false arrest claim under common law or section 1983. Additionally, the district court held that Ortega’s false imprisonment claim, which was predicated on the false arrest claim, failed under common law and section 1983. Ortega filed a timely motion for reconsideration of the order, which the district court denied.

CONTENTIONS

Ortega contends that Christian lacked probable cause to arrest him because Christian had no information that could have led him to believe that Ortega participated in the robbery, or lived at the address that the informant provided. Next, Ortega contends that his detention, which followed the unlawful arrest, violated his constitutional rights under section 1983, and that his false arrest claim is separate and distinct from his false imprisonment claim.

Appellees, on the other hand, argue that the facts alleged in the complaint show that Christian had probable cause to arrest Ortega and that probable cause is a complete defense to both Ortega’s false arrest and false imprisonment claims.

ISSUES

The issues we address are: (1) whether Christian had probable cause to arrest Ortega and (2) whether Ortega’s detention constituted a false imprisonment.

DISCUSSION

The district court granted appellees’ motions for judgment on the pleadings against Ortega and denied Ortega’s motion for reconsideration. The district court found that Christian had probable cause to arrest Ortega, thus, precluding Ortega’s false arrest and imprisonment claims under section 1983. Judgment on the pleadings is proper when no issues of material fact exist, and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 12(c). When reviewing a judgment on the pleadings, we accept the facts in the complaint as true and view them in the light most favorable to the nonmoving party. Swerdloff v. Miami National Bank, 584 F.2d 54, 57 (5th Cir.1978); General Conference Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church, 887 F.2d 228, 230 (9th Cir.1989). [1] Accordingly, a judgment on the pleadings is[*1525] a decision on the merits, and we review it de novo. General Conference Corp., 887 F.2d at 230.

A. False Arrest

A warrantless arrest without probable cause violates the Fourth Amendment and forms a basis for a section 1983 claim. Marx v. Gumbinner, 905 F.2d 1503, 1505 (11th Cir.1990). An arrest made with probable cause, however, constitutes an absolute bar to a section 1983 action for false arrest. Marx, 905 F.2d at 1505. Probable cause to arrest exists if the facts and circumstances within the officer’s knowledge, of which he has reasonably trustworthy information, would cause a prudent person to believe, under the circumstances shown, that the suspect has committed or is committing an offense. Marx, 905 F.2d at 1505. Probable cause does not require overwhelmingly convincing evidence, but only “reasonably trustworthy information.” Marx, 905 F.2d at 1506 (citing Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225-26, 13 L.Ed.2d 142 (1964)). In this case, we must determine whether a reasonable officer in the same circumstances and possessing the same knowledge as Christian could have believed that probable cause existed to arrest Ortega for the suspected robbery. Pickens v. Hollowell, 59 F.3d 1203, 1206 (11th Cir.1995).

As a basis for a finding of probable cause, Christian relied on information from a confidential informant identifying the perpetrator of a crime. Ortega argues that informant information alone cannot sufficiently support a finding of probable cause. In determining whether an informant’s tip rises to the level of probable cause, we assess the totality of the circumstances. United States v. Gonzalez, 969 F.2d 999, 1002 (11th Cir.1992); United States v. Campbell, 920 F.2d 793, 796-97 (11th Cir.1991). We consider the relevance of factors such as the informant’s “veracity,” “reliability,” and “basis of knowledge.” Gonzalez, 969 F.2d at 1003 (citing Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983)). In addition, the corroboration of the details of an informant’s tip through independent police work adds significant value to the probable cause analysis. Gonzalez, 969 F.2d at 1003.

In this case, we find that the informant’s tip lacked essential elements that would have given Christian probable cause to believe Ortega participated in the robbery. Appellees argue that the information Christian received from the informant established probable cause because the informant made statements against his penal interests and as a member of the gang had personal knowledge of the perpetrators. First, making a statement against one’s penal interests without more will not raise an informant’s tip to the level of probable cause required under the Fourth Amendment. United States v. Martin, 615 F.2d 318, 325 (5th Cir.1980). Second, no evidence in the complaint demonstrates a past history between the informant and Christian or the MDPD, which could lend support for the informant’s veracity and reliability. Third, although the informant admitted having membership in the gang, no evidence shows that the informant actually knew Ortega, that Ortega belonged to the gang, that a gang existed, or that Ortega participated in the commission of the crime. United States v. Reyes, 792 F.2d 536, 539 (5th Cir.1986) (“an informant’s tip is buttressed [through] the fact that it is based on his own personal observation rather than hearsay”). Lastly, the complaint does not reveal that Christian took any independent steps to investigate the informant’s tip or had any evidence prior to arresting Ortega which would have corroborated the informant’s identification of Ortega as a perpetrator in the commission of the crime. Gonzalez, 969 F.2d at 1003; see also Jones v. United States, 362 U.S. 257, 269, 80 S.Ct. 725, 735, 4 L.Ed.2d 697 (1960) (an officer “may rely upon information received through an informant ... so long as the informant’s statement is reasonably corroborated [through] other matters within the officer’s knowledge.”).

For the foregoing reasons, we hold that Christian lacked probable cause to arrest and detain Ortega. Cf. Swint v. City of Wadley, 51 F.3d 988, 996-98 (11th Cir.1995) (probable cause to arrest and detain one suspect does not extend to another person in[*1526] mere propinquity to that suspect). We also hold that Ortega has pleaded a valid false arrest claim under section 1983 against Christian. We dismiss, however, the false arrest claims against Taylor and the MDPD. Taylor and the MDPD cannot be held liable for the unreasonable actions that Christian, the arresting officer, pursued. No evidence exists here that indicates Taylor or the MDPD approved of Christian’s decision to arrest based on the limited information he possessed. Hill v. Clifton, 74 F.3d 1150, 1152 (11th Cir.1996) (“A city may be held responsible where the authorized policymakers ‘approve a subordinate’s decision and basis for it.’”); Cannon v. Macon County, 1 F.3d 1558, 1565 (“it is difficult to see how the Sheriff would have final authority over who each deputy arrest and whether a deputy has probable cause to arrest and/or hold arrestee” (quoting Cannon v. Macon County, 90V-1132-E (Dec. 19, 1990))).

B. False Imprisonment of Ortega

Because we have already determined that Christian lacked probable cause to arrest Ortega, we now hold that Ortega’s detention pursuant to that arrest constituted false imprisonment under section 1983.

A detention on the basis of a false arrest presents a viable section 1983 action. Reeves v. City of Jackson, 608 F.2d 644 (5th Cir.1979) (section 1983 claims for false arrest and false imprisonment presented where, without probable cause, officers arrested and detained stroke victim in belief he was intoxicated); see also Cannon, 1 F.3d at 1562 (“a detention on the basis of misidentification may present a viable section 1983 claim”). A false imprisonment claim under section 1983 is based on the protection of the Fourteenth Amendment against deprivations of liberty without due process of law. Baker v. McCollan, 443 U.S. 137, 142, 99 S.Ct. 2689, 2693-94, 61 L.Ed.2d 433 (1979). Where a police officer lacks probable cause to make an arrest, the arrestee has a claim under section 1983 for false imprisonment based on a detention pursuant to that arrest. Groman v. Township of Manalapan, 47 F.3d 628, 636 (3d Cir.1995). This false imprisonment claim under section 1983 is grounded in the Fourth Amendment’s guarantee against unreasonable seizures. Groman, 47 F.3d at 636; see also Gerstein v. Pugh, 420 U.S. 103, 125, 95 S.Ct. 854, 868-69, 43 L.Ed.2d 54 (1975) (The Fourth Amendment requires a timely judicial determination of probable cause as a prerequisite to detention of a prisoner arrested upon information filed by the state prosecutor). Additionally, we note that, under certain circumstances, a detention following a valid arrest may present a viable section 1983 claim where the detainee protests the detention on the basis of misidentification. Cannon, 1 F.3d at 1562 (citing Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2694-95, 61 L.Ed.2d 433 (1979)).

Under section 1983, Ortega must meet the elements of common law false imprisonment and establish that the imprisonment resulted in a violation of due process rights under the Fourteenth Amendment. [2] Cannon, 1 F.3d at 1562-63 (citing Douthit v. Jones, 619 F.2d 527 (5th Cir.1980). The complaint contains facts that satisfy the section 1983 standard for false imprisonment. The complaint demonstrates that as a result of the unlawful arrest, appellees detained Ortega for five months without conducting a line-up or affording other opportunities for him to prove his innocence. Ortega had a constitutional right to be free from detention where the circumstances and facts under Christian’s consideration demonstrated that Christian clearly lacked probable cause to make an arrest. Cannon, 1 F.3d at 1563. In light of the sparse information Christian had when he made the arrest, Christian knew or should have known that the imprisonment of Ortega may have constituted an unlawful imprisonment under section 1983 in violation of the Fourteenth Amendment. Cannon, 1 F.3d at 1563.

From the facts and law in this case, we hold that Ortega has pleaded a valid false imprisonment claim under § 1983 against[*1527] Christian. As to the claim against Taylor and the MDPD, we cannot determine from the facts as set forth in the complaint whether those parties are subject to section 1983 liability for Ortega’s detention. Although Ortega simply makes “boilerplate allegations” about those parties’ involvement, we remain uncertain about all of the circumstances surrounding Ortega’s five month detention. Sivard v. Pulaski County, 959 F.2d 662, 668-669 (7th Cir.1992). We believe that Ortega’s vague allegations sufficiently state a cause of action requiring further proceedings to fully develop the record. Sivard, 959 F.2d at 668. Accordingly, we hold that Taylor and the MDPD are not entitled to judgment as a matter of law at the pleadings stage on the false imprisonment claim under section 1988. Swint, 51 F.3d at 999-1000; Swerdloff, 584 F.2d at 60; Sivard, 959 F.2d at 668-69 (reversing summary judgment because of the “inexplicable nature of [plaintiffs] detention”).

C. Qualified Immunity and Ortega’s Section 1983 Claims

Due to the posture of the case, the district court did not discuss qualified immunity. Consequently, that issue is not ripe for our review.

CONCLUSION

For the foregoing reasons, we conclude that Ortega pleaded valid claims of false arrest and false imprisonment under section 1983 against Christian. We affirm the dismissal of the false arrest claim against Taylor and the MDPD and remand the false imprisonment claim under section 1983 against Taylor and the MDPD for further proceedings.

REVERSED AND REMANDED.

1

. The Eleventh Circuit adopts as binding precedent, all decisions which the former Fifth Circuit made prior to October 1, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981).

2

. Ortega must prove (1) intent to confine, (2) acts resulting in confinement, and (3) consciousness of the victim of confinement or resulting harm.