in part (partial victory for Mueller)CivilCourt of AppealsAppeal
T. Mueller v. Walmart Corporation
Court
Court of Appeals for the Eleventh Circuit
Decided
Sep 16, 2026
Docket
23-12854
Judges
Not listed
đDetailed analysis & 3-line summary
AI breakdown
Analyzed Oct 2, 2026
Where this case stands
District court: federal claims, granted on some state claims, declined others.
This decision ¡ Appeal
in part (partial victory for Mueller)
TL;DR
1A man sued Walmart claiming false arrest and malicious prosecution after being accused of shoplifting.
2The court decided some state claims while declining others and his federal claims.
3The court ruled it had discretion to handle the claims separately, but erred in the malicious-prosecution claim.
Key issues
1
Did the district court err in deciding some state claims while declining others?
Holding ¡ The court ruled it had discretion to handle state claims separately if needed.
2
Did the district court err in granting on the malicious-prosecution claim?
Holding ¡ Yes, the court erred in its as there was enough evidence for a jury to decide.
Why it matters
This affects how courts handle cases with mixed federal and state claims, impacting both judicial efficiency and fairness.
If you were the judge?
Shoplifting dispute: Can a court pick which claims to judge?
1A man sued Walmart after a shoplifting incident led to his arrest.
2He says the court was wrong to judge some of his claims but not others.
3The case questions if a court can decide on only some state law claims.
Did the district court err by splitting its jurisdiction over state law claims?
Be the first juror
Parties
Appellant
T. Mueller
Appellee
Walmart Corporation
Roles are inferred from the case caption.
Opinion of the court
USCA11 Case: 23-12854 Document: 86-1 Date Filed: 09/16/2026 Page: 1 of 22
FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12854
____________________
T. MUELLER,
PlaintiďŹ-Appellant,
versus
WALMART CORPORATION,
BRANDON ZACHARY BURSTON,
Defendants-Appellees,
JOHN DOE, et al.,
Defendants.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:21-cv-04273-VMC
____________________
Before JORDAN, JILL PRYOR, and NEWSOM, Circuit Judges.
NEWSOM, Circuit Judge:
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2 Opinion of the Court 23-12854
This case principally concerns the rules governing district
courtsâ exercise of so-called âsupplemental jurisdiction.â In partic-
ular, we must decide whether and under what circumstances a dis-
trict court, having dismissed all federal-law claims in a case before
it, may proceed to exercise supplemental jurisdiction over some
but not all of the remaining state-law claims.
Todd Mueller sued Walmart and one of its employees, al-
leging that they violated two federal civil-rights statutes, 42 U.S.C.
§§ 1981 and 1982, as well as state law on various groundsâfalse
arrest, false imprisonment, malicious prosecution, assault, and bat-
tery. The district court (1) found that Mueller had conceded and
thus abandoned his §§ 1981 and 1982 claims, and accordingly dis-
missed them; (2) exercised supplemental jurisdiction over and
granted summary judgment on Muellerâs false-arrest, false-impris-
onment, and malicious-prosecution claims; and (3) declined to ex-
ercise supplemental jurisdiction over Muellerâs assault and battery
claims. On appeal, Mueller contends that the district court abused
its discretion in exercising supplemental jurisdiction over only
some of his state-law claims, rather than all or none of them, and
erred in granting summary judgment on his malicious-prosecution
claim.
For reasons we will explain, we hold that the district court
acted within its broad discretion in exercising supplemental juris-
diction over some but not all of the remaining state-law claims. We
also conclude, though, that the court should not have rejected
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23-12854 Opinion of the Court 3
Muellerâs malicious-prosecution claim at summary judgment. Ac-
cordingly, we affirm in part, reverse in part, and remand for further
proceedings consistent with this opinion.
I
A
While Todd Mueller was shopping at a Walmart in Duluth,
Georgia, a store employee, Brandon Burston, suspected him of
shoplifting and proceeded to surveil him. After Mueller checked
out, Burston and another Walmart associate, Clifton Moore, ap-
proached and asked him to join them in an office. The parties dis-
pute what happened next. At a minimum, though, we know this
much: Mueller turned back into the store and exited through a rear
entrance. Moore called the police, and Mueller fled.
The police successfully pursued Mueller, tased him, and ar-
rested him for obstruction of justice. Burston later submitted to
the Magistrate Court of Gwinnett County a sworn arrest-warrant
application for theft by shoplifting, which the court promptly is-
sued. In the meantime, Mueller pursued his own claims with the
police against Burston and Moore for assault. A detective investi-
gated Muellerâs statement but couldnât substantiate it. Accord-
ingly, an additional arrest warrant was issued against Mueller for
filing a false police report. When Mueller later returned to the
same Walmart, police arrested him on the outstanding false-police-
report warrant.
All told, Mueller faced three charges: (1) obstruction of jus-
tice, (2) shoplifting, and (3) filing a false police report. The district
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4 Opinion of the Court 23-12854
attorneyâs office served Mueller with a Notice of Intent Not to
Prosecute with respect to the false-police-report charge. Mueller
and the prosecutor negotiated a plea on the obstruction count in
return for a one-year probationary sentence, and the prosecutor
simultaneously dropped the shoplifting charge.
The parties dispute whether and to what extent the obstruc-
tion and shoplifting charges and their dispositions are linkedâand
in particular, whether the latter was dismissed in connection with
the plea agreement. Mueller stated in a declaration that he entered
the plea âexclusively in exchange for [the probationary] sentencing
recommendation,â and that, unrelatedly, âthe District Attorneyâs
Office unilaterally had decided not [to] pursue the [f]elony shoplift-
ing case at that time because they were not prepared for trial which
was scheduled the same day.â Br. of Appellant at 40 n.2. By con-
trast, as proof that the obstruction and shoplifting charges were re-
solved as part of a single compromise, Walmart and Burston em-
phasize that the two were presented side-by-side in the charging
document and that Muellerâs counsel discussed them in tandem at
the plea hearing. See Br. of Appellee at 18â21.
B
Initially proceeding pro se, Mueller sued Walmart and
Burston in federal district court, raising federal-law claims under 42
U.S.C. §§ 1981 and 1982, as well as state-law claims for negligence,
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23-12854 Opinion of the Court 5
negligent hiring, false arrest, false imprisonment, malicious prose-
cution, assault, and battery. 1 Walmart and Burston moved for
summary judgment. In response, Mueller conceded and therefore
abandoned his only two federal claims, and the district court dis-
missed them. The district court also denied Muellerâs motion to
amend his operative complaint to substitute a claim under 42
U.S.C. § 1983. The court then turned to Muellerâs state-law claims,
disposing of them as follows:
⢠Negligence and negligent-hiring: The district court
held that Muller had abandoned his negligence-based
claims.2 Summ. J. Order at 11â12, Dkt. No. 95.
⢠False-arrest and false-imprisonment: The district court
granted summary judgment to Walmart and Burston on
the ground that Mueller had been neither detained nor
arrested for shoplifting by Walmart employees. Instead,
he was arrested for obstruction of justice only after he
left the store. Id. at 13â14. That fact foreclosed Muellerâs
claims, because, the court observed, Georgia law distin-
guishes âcases where a party directly or indirectly urges
a law enforcement official to begin criminal proceedings
[from] cases where a party merely relays facts to an offi-
cial who then makes an independent decision to arrest or
1 Mueller initially sued Moore, as well, but the district court dismissed Moore
as a party when Mueller failed to serve him after obtaining leave to do so.
Mueller doesnât contest that dismissal on appeal.
2 Mueller does not appeal that decision.
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6 Opinion of the Court 23-12854
prosecute.â Id. at 14 (quoting Smith v. Walmart Stores E.,
LP, 765 S.E.2d 518, 523 (Ga. Ct. App. 2014)).
⢠Malicious prosecution: The district court granted sum-
mary judgment to Walmart and Burston on the ground
that the shoplifting chargeâwhich underlies Muellerâs
malicious-prosecution claimâwas dropped in connec-
tion with the same plea agreement that covered the ob-
struction charge. See id. at 14â19. That fact foreclosed
Muellerâs claim because under Georgia law, a malicious-
prosecution plaintiff must demonstrate that the underly-
ing charge was âterminated favorablyâ to him, id. at 14â
15 (quoting Sheffield v. Futch, 839 S.E.2d 294, 301 (Ga. Ct.
App. 2020)), which he canât do if the charge was resolved
as part of a plea or compromise, see id. at 15 (citing Garner
v. Heilig-Meyers Furniture Co., 525 S.E.2d 145, 147 (Ga. Ct.
App. 1999)).
⢠Assault and battery: The district court declined to exer-
cise supplemental jurisdiction and, finding that it had no
independent basis for original jurisdiction (e.g., diversity
of citizenship), dismissed these claims. Id. at 19â20 (cit-
ing 28 U.S.C. § 1367(c)(3)). In so doing, the court noted
that the claims were âbitterly dispute[d],â particularly
with respect to the credibility of Muellerâs testimony. Id.
The upshot: Having dismissed Muellerâs only claims that
provided an independent basis for exercising original jurisdictionâ
the federal-question §§ 1981 and 1982 claimsâthe district court
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23-12854 Opinion of the Court 7
opted to (1) exercise supplemental jurisdiction over Muellerâs false-
arrest, false-imprisonment, and malicious-prosecution claims, de-
ciding them in Walmart and Burstonâs favor, and (2) decline sup-
plemental jurisdiction over Muellerâs assault and battery claims.
Through appointed counsel, Mueller raises two issues on ap-
peal. First, he contends that the district court abused its discretion
by exercising supplemental jurisdiction over some of the state-law
claims but declining jurisdiction over others. Second, he argues
that the district court erred in granting summary judgment on his
malicious-prosecution claim.
II
The most salient question presented is whether, having dis-
missed Muellerâs federal claims, the district court abused its discre-
tion by exercising jurisdiction over his state law false-arrest, false-
imprisonment, and malicious-prosecution claims but not his as-
sault or battery claims. Mueller insists that the district court erred
for two reasons. First, and more broadly, he contends that absent
extenuating circumstances that donât exist here, a district court per
se abuses its discretion when, after dismissing all federal claims, it
exercises supplemental jurisdiction over some state-law claims but
not others. See Br. of Appellant at 19â22. Second, and more nar-
rowly, Mueller contends that the âbalanceâ of the relevant âfac-
torsâ required the district court to dismiss all the state-law claimsâ
and that, in any event, the court erred by failing to more clearly
explain its assessment of those factors. Id. at 17â19. For reasons
weâll get into, we disagree on both scores. Accordingly, we hold
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8 Opinion of the Court 23-12854
that the district court did not abuse its discretion by exercising sup-
plemental jurisdiction over some but not all of Muellerâs state-law
claims.
A
At the outset, a bit of backgroundâabout the governing
statutory language and the applicable standard of review.
First, the text. The rules governing federal courtsâ exercise
of âsupplemental jurisdictionâ are codified in 28 U.S.C. § 1367. For
present purposes, two subsections are relevant. Subsection (a)
states that
[e]xcept as provided in subsections (b) and (c) or as
expressly provided otherwise by Federal statute, in
any civil action of which the district courts have orig-
inal jurisdiction, the district courts shall have supple-
mental jurisdiction over all other claims that are so re-
lated to claims in the action within such original juris-
diction that they form part of the same case or con-
troversy . . . .
28 U.S.C. § 1367(a). Subsection (c), in turn, provides that a district
court âmay decline to exercise supplemental jurisdiction over a
claim under subsection (a)â in any of four instances, the third of
which is particularly pertinent here:
(1) the claim raises a novel or complex issue of State
law,
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23-12854 Opinion of the Court 9
(2) the claim substantially predominates over the
claim or claims over which the district court has orig-
inal jurisdiction,
(3) the district court has dismissed all claims over
which it has original jurisdiction, or
(4) in exceptional circumstances, there are other com-
pelling reasons for declining jurisdiction.
Id. § 1367(c).
Next, the standard of review. A district courtâs decision to
exercise or decline supplemental jurisdiction over a state-law claim
is reviewed only for abuse of discretion. See Ameritox, Ltd. v. Mil-
lennium Labâys, Inc., 803 F.3d 518, 532 (11th Cir. 2015) (retaining ju-
risdiction); Silas v. Sheriff of Broward Cnty., 55 F.4th 863, 865 (11th
Cir. 2022) (declining jurisdiction). âA district court does not abuse
its discretion when it has a range of choices and the courtâs choice
does not constitute a clear error of judgment.â Estate of Amergi ex.
rel. Amergi v. Palestinian Auth., 611 F.3d 1350, 1365 (11th Cir. 2010)
(quotation omitted).
Giving district courts latitude to exercise or decline supple-
mental jurisdiction comports with the statutory text, longstanding
judicial policy, and common sense. For starters, as just noted,
§ 1367(c) provides that a district court âmayâ decline to exercise
supplemental jurisdiction if any of several circumstances obtains.
28 U.S.C. § 1367(c). Moreover, long before Congress codified the
rules governing supplemental jurisdiction in 1990, the Supreme
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10 Opinion of the Court 23-12854
Court had referred to what it then called âpendent jurisdictionâ as
embodying a âdoctrine of discretionâ that entailed a balancing of
various practical considerations. United Mine Workers of Am. v.
Gibbs, 383 U.S. 715, 726 (1966). And finally, thereâs this important
practical point: While not precisely identical, the âwide discretionâ
given to a district court to make supplemental-jurisdiction deter-
minations, Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 353 (1988),
superseded by statute on other grounds, Judicial Improvements Act of
1990, PL 101-650, 104 Stat. 5089, 5113, as recognized in Royal Canin
U.S.A., Inc. v. Wullschleger, 604 U.S. 22, 41 (2025), coheres with the
âbroad discretionâ that a district court âis allowed . . . to manage its
own docket,â United States v. McCutcheon, 86 F.3d 187, 190 (11th Cir.
1996). In both circumstances, the court must weigh multiple case-
specific considerations âwith a view toward [the matterâs] efficient
and expedient resolution.â Dietz v. Bouldin, 579 U.S. 40, 47 (2016).
Bottom line: The applicable abuse-of-discretion standard reflects
the indisputable fact that district courts are in the best position to
determine how best to proceed with the cases before them.
Now, to be sure, a district courtâs discretion is neither un-
bounded nor unmoored. The Supreme Court has held that in de-
ciding whether to exercise or decline supplemental jurisdiction
over a state-law claim, the court must account for several relevant
considerationsâmost notably, âjudicial economy, convenience,
fairness, and comity.â City of Chicago v. Intâl Coll. of Surgeons, 522
U.S. 156, 173 (1997) (quoting Cohill, 484 U.S. at 350). And weâve
also said that the âbalance of factorsâ will usually âpoint toward de-
clining to exerciseâ supplemental jurisdiction âafter the federal
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23-12854 Opinion of the Court 11
claims that supported its jurisdiction are dismissed.â Silas, 55 F.4th
at 866 (quoting Cohill, 484 U.S. at 350 n.7). Importantly, though,
thatâs not âa mandatory rule to be applied inflexibly in all casesââ
just a ârecogni[tion]â that the factors may well tilt against jurisdic-
tion in that circumstance. Cohill, 484 U.S. at 350 n.7. In all events,
district courts retain ample discretion to meet the needs of the cases
before them. So to repeat, supplemental jurisdiction is very much
a âdoctrine of flexibility.â Silas, 55 F.4th at 866 (quoting Ameritox,
803 F.3d at 530).
B
When Mueller abandoned his two federal claims and the dis-
trict court dismissed them, the court lost the sole basis for âoriginal
jurisdictionâ over the case. 28 U.S.C. § 1367(a). 3 Faced with seven
remaining state-law claims, the district court opted to exercise sup-
plemental jurisdiction over several of them but to dismiss others.
Mueller argues at the outset that this âsplit exercise of jurisdictionâ
was a per se abuse of discretion. Reply Br. of Appellant at 12. 4
3 As the district court correctly observed, see Summ. J. Order at 20, Dkt. No.
95, it couldnât have exercised diversity jurisdiction over any of the state-law
claims because both Mueller and Burston were Georgia citizens. See 28 U.S.C.
§ 1332(a)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) (requiring com-
plete diversity).
4 Mueller acknowledges that there might exist a few carveouts to a no-split
ruleâan expired statute of limitations, a substantial sunk cost, or a state claim
that either falls with a federal claim or is patently frivolous on its face. See Br.
of Appellant at 21â22 (citing Wright v. Associated Ins. Cos., 29 F.3d 1244, 1251â
52 (7th Cir. 1994)). But he contends that the false-arrest, false-imprisonment,
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12 Opinion of the Court 23-12854
We find no basis for so rigid a rule in either statutory text or
existing precedent. Quite the opposite. On balance, § 1367âs lan-
guage seems to contemplate (if not quite expressly authorize) the
very claim-by-claim assessment that the district court here made.
Our own precedent confirms that district courts enjoy ample lee-
way to make supplemental-jurisdiction determinations. And our
sister circuits that have addressed the issue head on have uniformly
held that district courts can act on a claim-by-claim basis.
First, and most importantly, thereâs the text. Notably,
§ 1367 uses both singular and plural terminology in ways that we
think are telling. As already noted, subsection (a) states that except
as provided elsewhereâmost significantly here, in subsection (c)â
in any case in which a district court has original jurisdiction, it shall
have supplemental jurisdiction over âall other claimsâ (plural) that
are so related to the original-jurisdiction claims that âtheyâ (plural)
form part of the same Article III case or controversy, and goes on
to clarify that such supplemental jurisdiction extends to âclaimsâ
(plural) that require the joinder of additional parties. 28 U.S.C.
§ 1367(a) (emphasis added). Clearly, therefore, subsection (a) envi-
sions that a district court might well have supplemental jurisdiction
over multiple âclaims.â
Subsection (c)âs phrasingâand in particular, its conspicuous
use of the singular term âclaimâ where it mattersâstrongly indi-
and malicious-prosecution claims are sufficiently debatable to survive that
they donât qualify under any of those exceptions. See id. at 25â27.
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23-12854 Opinion of the Court 13
cates that, in determining whether to exercise or decline supple-
mental jurisdiction, a court may act on a claim-by-claim basis. As
already noted, subsection (c) states that the district court may de-
cline to exercise supplemental jurisdiction over âa claimâ (singular)
in any of several instancesâmost notably, (1) where âthe claimâ
(singular) raises a novel state-law issue, (2) where âthe claimâ (sin-
gular) âsubstantially predominates over the claim or claims over
which the district court ha[d] original jurisdiction,â and (3) where
the district court has dismissed âall claimsâ (notably plural, harken-
ing back to subsection (a)) over which it had original jurisdiction.
Id. § 1367(c).
The juxtaposition, we think, is both clear and instructive:
Subsection (a) contemplates that a district court may well have sup-
plemental jurisdiction over multiple state-law âclaimsâ; subsection
(c), in turn, empowers the court to decline to exercise that jurisdic-
tion over any individual âclaim.â
Second, thereâs our own precedent. To be sure, weâve never
squarely decided the question whether a district court may âsplitâ
(to use Muellerâs term) its supplemental-jurisdiction determina-
tionâexercising jurisdiction over some state-law claims while de-
clining jurisdiction over others. 5 As already noted, though, we
5 In one unpublished opinion, we held that the district court âdid not abuse its
discretion by exercising supplemental jurisdiction over [a plaintiffâs] breach of
contract claim but remanding the remaining state law claims.â Browning v.
Bay Radiology Associates, No. 23-13842, 2024 WL 3200472, at *4 (11th Cir. June
27, 2024).
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14 Opinion of the Court 23-12854
have emphasized that supplemental jurisdiction is a âdoctrine of
flexibilityâ and that in exercising its discretion over supplemental-
jurisdiction matters, the district court must âsensibly accommo-
date[] a range of concerns and values.â Silas, 55 F.4th at 866 (quot-
ing Ameritox, 803 F.3d at 530). Imposing a rigid rule that requires a
district court to deal with state-law claims en masse, as an undiffer-
entiated whole, would scuttle that flexibility. Under an all-or-noth-
ing approach, a district court, having determined that the balance
of factors cut one way with respect to some claims and the other
way with respect to others, would then have to embark on one of
two undesirable courses: either dismiss claims it thinks it should
keep or keep claims it thinks it should dismiss. Thatâs the opposite
of the flexibility we have recognized and promised. 6
Finally, we note that in rejecting an all-or-nothing approach
and permitting district courts to make supplemental-jurisdiction
6 Again, to be fair, Muellerâs proposed rule allows for three carveouts that add
a bit of nuance. See supra note 4. But those carveouts can hardly be said to
confer additional discretion on the district court. If anything, they do the op-
posite. By asking us to determine, categorically, whether the district court has
already expended considerable resources on an issue or whether a given state-
law claim is largely decided by an already-resolved federal-law claim, Mueller
would replace a flexible balancing test with a rule-bound framework that per-
mits appellate override when certain elements are present. Neither § 1367 nor
Wright, the Seventh Circuit case Mueller cites in support of this proposition,
demands such a rigid approach. If anything, the latter doubles down on using
a âbalance of factors,â merely observing that in certain âunusualâ cases (i.e.,
what Mueller takes to be carveouts) the factors âpointâ toward an exercise of
federal jurisdiction. Wright, 29 F.3d at 1251.
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23-12854 Opinion of the Court 15
determinations on a claim-by-claim basis, we follow the unani-
mous consensus of our sister circuits that have addressed the issue.
See Figueroa v. Buccaneer Hotel Inc., 188 F.3d 172 (3d Cir. 1999); South-
erland v. Hardaway Mgmt. Co., 41 F.3d 250, 256â57 (6th Cir. 1994);
Nielander v. Bd. of Cnty. Commârs, 582 F.3d 1155, 1172 (10th Cir.
2009).
* * *
For these reasons, we hold that § 1367(c) does not entail any
per se prohibition that disables a district court from exercising sup-
plemental jurisdiction over some claims while declining jurisdic-
tion over others.
C
Mueller separatelyâand more narrowlyâcontends that in
the particular circumstances of this case, the district court abused
its discretion by exercising jurisdiction over some of his state-law
claims but not others. Mueller makes two arguments, which we
will address in turn.
1
First, Mueller says that the âbalanceâ of the relevant âfac-
torsâ required the district court to dismiss all the state-law claims.
Br. of Appellant at 17â19. We agree with Mueller that in making
its supplemental-jurisdiction determination the district court was
obliged to âconsider and weigh . . . the values of judicial economy,
convenience, fairness, and comity.â Intâl Coll. of Surgeons, 522 U.S.
at 173 (quoting Cohill, 484 U.S. at 350). But giving the district court
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16 Opinion of the Court 23-12854
the deference itâs due, we cannot agree that it abused its discretion
in so doing.
As a reminder, the district court retained jurisdiction over
Muellerâs false-arrest, false-imprisonment, and malicious-prosecu-
tion claims, but dismissed his assault and battery claims. Although
the district court didnât explain its decision to retain jurisdiction
over the three claims it keptâmore on that shortlyâit disposed of
them in the same order in which it dismissed the federal claims. See
Summ. J. Order, Dkt. No. 95. In other words, the court retained
jurisdiction of those claims only as long as it took to reject them.
Reviewing the summary judgment order, we canât say that
the district court abused its discretion by retaining jurisdiction over
three of Muellerâs state-law claims and declining to exercise juris-
diction over the other two. By that point, the district court had
reviewed the partiesâ papers, and it seems to have had a clear sense
of which claims it thought it could easily resolve. Muellerâs false-
arrest and false-imprisonment claims, for instance, fell on the
wrong side of the âline of demarcationâ that Georgia law draws
âbetween cases where a party directly or indirectly urges a law en-
forcement official to begin criminal proceedingsâ and those âwhere
a party merely relays facts to an official who then makes an inde-
pendent decision to arrest or prosecute.â Summ. J. Order at 14,
Dkt. No. 95 (quoting Smith, 765 S.E.2d at 523). Mueller was even-
tually arrested, to be sure, but only after he left the Walmart, fol-
lowing an independent encounter with law enforcement, and on a
charge related to an allegedly false police report. See id.
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23-12854 Opinion of the Court 17
Muellerâs malicious-prosecution claim likewise failed, the
district court held, because it lacked an essential element. In par-
ticular, the court concluded that Muellerâs shoplifting charge,
which underlies his malicious-prosecution claim, was resolved as
part of a plea agreement and, therefore, that Mueller couldnât show
that the shoplifting charge was âterminated favorablyâ to him, as
required by Georgia law. See id. at 14â19. (Weâll unpack the details
of the district courtâs determination in that respect, which Mueller
challenges on the merits, in Part III.)
By contrast, the district court didnât think the assault and
battery claims could be so easily decided. They were âbitterly dis-
pute[d],â the court found, and they turned largely on Muellerâs
credibility as a witness, so it left them for resolution in state court.
See id. at 19â20.
Put simply, the district court decided the claims it thought it
could resolve quickly, and declined to decide those it thought it
couldnât. The court concluded that the Georgia law governing the
false-arrest, false-imprisonment, and malicious-prosecution claims
was clear-cut in its articulation and application, and thus presented
no knotty comity issues arising out of a ânovel or complex question
of state lawâ or significant expenditure of judicial resources. Amer-
itox, 803 F.3d at 540. The assault and battery claims, by contrast,
required fact-bound judgments based on a mosaic of contested ev-
idence. Faced with those circumstances, the court exercised its
supplemental jurisdiction with respect to some but not all of
Muellerâs state-law claims. In so doing, the court was comfortably
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18 Opinion of the Court 23-12854
within the ârange of choicesâ available to it. Amergi, 611 F.3d at
1365 (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th
Cir. 2001)).
2
Second, and separately, Mueller contends that the district
courtâs failure to explain its decision to retain jurisdiction over
some of his state-law claims but decline it over others was itself an
abuse of discretion. In short, we disagree. It is clear from the face
of the district courtâs orderâfrom its reasoning and dispositionâ
that it deemed some claims easy and others more difficult. Were
we to fault the court for not stating more explicitly what is abun-
dantly clear, weâd be impermissibly interfering with the âwide dis-
cretionâ it enjoys to manage this aspect of its docket. Cohill, 484
U.S. at 353. 7
7 Citing Royal Canin U.S.A., Inc. v. Wullschleger, 604 U.S. 22 (2025), Mueller also
argues that a federal court loses jurisdiction whenever âno federal hook re-
mains because of the plaintiffâs decision to eliminate federal claims from the
lawsuit.â Reply Br. of Appellant at 4. That is incorrect. In Royal Canin, the
Supreme Court held only that when a plaintiff amends his complaint to drop
his federal claims, a federal court may not continue to adjudicate âthe now
purely state-law suit.â 604 U.S. at 25. Thatâs not what happened here. Mueller
abandoned his federal claims in open court, and the district court accordingly
dismissed them. Whereas the amendment of a complaint implicates
§ 1367(a)âs non-discretionary grant of jurisdictionânamely, by eliminating
itâthe mid-case dismissal of a claim implicates § 1367(c)(3) and âmakes [] ju-
risdiction discretionary.â Id. at 33â34.
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23-12854 Opinion of the Court 19
III
Separate and apart from the district courtâs jurisdictional de-
termination, Mueller contends that the court erred in granting
summary judgment on his malicious-prosecution claim.8 Mueller
insists that a reasonable jury could find that he was subjected to
malicious prosecution in connection with his shoplifting charge be-
cause, he says, there is a genuine dispute of material fact about
whether he obtained what weâll call âfavorable terminationâ of that
charge. Although itâs close, we agree with Mueller.
Under Georgia law, a malicious-prosecution claim requires
the plaintiff show that there was a â(1) prosecution for a criminal
offense; (2) instigated without probable cause; (3) with malice; (4)
under a valid warrant, accusation, or summons; (5) which has ter-
minated favorably to the plaintiff; and (6) which has caused damage
to the plaintiff.â Sheffield, 839 S.E.2d at 301 (quoting McKissick v.
S.O.A., Inc., 684 S.E.2d 24, 27 (Ga. Ct. App. 2009)). The dispute
8 âWe review de novo the district courtâs grant of summary judgment, draw-
ing all reasonable inferences in the light most favorable toâ the nonmoving
party. Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358, 1362 (11th Cir. 2018)
(citation modified). Summary judgment may be granted only if âthere is no
genuine dispute as to any material fact and the movant is entitled to judgment
as a matter of law.â Fed. R. Civ. P. 56(a). âA genuine issue of material fact
exists âif the evidence is such that a reasonable jury could return a verdict for
the nonmoving party.ââ Edmondson v. Velvet Lifestyles, LLC, 43 F.4th 1153, 1159
(11th Cir. 2022) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986)).
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20 Opinion of the Court 23-12854
here is over the fifth elementââfavorable termination.â Im-
portantly for present purposes, the favorable-termination element
is satisfiedâand a malicious-prosecution claim may proceedâ
when the government âvoluntarily abandon[s]â the charge in ques-
tion, Laster v. Star Rental, Inc., 353 S.E.2d 37, 38 (Ga. Ct. App. 1987),
but not when the prosecution is âterminated because of a compro-
mise and agreement of the parties,â Garner, 525 S.E.2d at 147.
Here, all agree that Mueller entered into a compromise on
the obstruction chargeâin return for a plea, he received a 12-
month probationary sentence. See Final Disposition, Dkt. No. 76-
26. The government also entered a â[n]olle [p]rosâ (essentially a
decision not to continue prosecution) on the shoplifting charge.
See id. The question for us is whether the government entered the
nolle pros because it voluntarily abandoned the shoplifting charge,
or because the nolle pros was part of a package deal that included
Muellerâs negotiated plea on the obstruction charge. If the govern-
ment unilaterally abandoned the shoplifting charge, then perhaps
a malicious-prosecution claim could succeed. But if it was related
to Muellerâs plea agreement, then the claim fails ipso facto.
Although itâs a close call, when we examine the record in the
light most favorable to Mueller, we hold that the evidence is suffi-
cient to permit a reasonable jury to conclude that the decision to
drop the shoplifting charge was made independently of the plea
agreement. First, at his deposition, Mueller testified that at least
âas [he] understood it,â his plea agreement wasnât related to the
district attorneyâs decision to nolle pros the shoplifting charge. See
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23-12854 Opinion of the Court 21
Mueller Dep. at 38, Dkt. No. 76-16. Second, and similarly, in a
sworn declaration, Mueller said that it was his âexpress understand-
ingâ that âthe District Attorneyâs Office unilaterally had decided
not to pursue the Felony shoplifting case at that time because they
were not prepared for trial which was scheduled the same
day . . . .â Mueller Decl. Âś 18, Dkt. No. 82; see United States v. Stein,
881 F.3d 853, 858â59 (11th Cir. 2018) (en banc) (âA non-conclusory
affidavit which complies with Rule 56 can create a genuine dispute
concerning an issue of material fact, even if it is self-serving and/or
uncorroborated.â). Third, neither at the plea hearing on Muellerâs
obstruction charge nor in the final disposition of that charge did the
trial judge document or mention any connection between
Muellerâs nolo plea and the governmentâs decision to drop the
shoplifting charge. See Tr. of Guilty Plea Hrâg at 1-9, Dkt. No. 76-
25; Final Disposition, Dkt. No. 76-26. We think that this evidence,
taken together, is sufficient to permit a reasonable jury to conclude
that the nolle pros was independent of the plea agreement.
To be sure, Walmart has marshaled some evidence to the
contrary. At the plea hearing, for instance, Muellerâs counsel dis-
cussed the obstruction and shoplifting charges in tandem: âFor just
. . . shoplifting and obstruction thereâs a lot of pieces and parts to it,
but the Stateâs been pretty fair and wants to resolve it. We ask the
Court to accept the terms as negotiated . . . .â Tr. of Guilty Plea
Hrâg at 8, Dkt. No. 76-25. And even though it doesnât expressly
link them, the final-disposition document does seem to cover both
chargesâsuggesting, at least, that both were resolved in the same
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22 Opinion of the Court 23-12854
instrument at the same time. Each of these datapoints may well
persuade a jury that a deal existed.
At the summary-judgment stage, though, we neednâtâand
therefore donâtâweigh the evidence. We conclude only that there
is enough evidence on both sides to permit a reasonable jury to find
that Mueller has satisfied the favorable-termination element and,
in turn, made out a prima facie case for malicious prosecution. Ac-
cordingly, we reverse the district courtâs grant of summary judg-
ment.
IV
The district court did not abuse its discretion in exercising
supplemental jurisdiction over the false-arrest, false-imprisonment,
and malicious-prosecution claims, while declining supplemental ju-
risdiction over the assault and battery claims. But the district court
erred in granting summary judgment on Muellerâs malicious-pros-
ecution claim. Accordingly, we AFFIRM the district courtâs juris-
dictional determination, but we REVERSE its grant of summary
judgment and REMAND for further proceedings.