Plaintiffs allege that Alonzo “deliberately or recklessly provided false, material information for use in the affidavits in support of Plaintiffs' arrest warrants” in contravention of Franks and Fifth Circuit precedent. Id. ¶ 180 (citing Wilson v. Stroman, 33 F.4th 202, 206 (5th Cir.), cert. denied sub nom. Reyna v. Wilson, 143 S.Ct. 425 (2022), and cert. denied, 143 S.Ct. 426 (2022)). They further allege that “Alonzo deliberately or recklessly made knowing and intentional omissions that resulted in warrants for Plaintiffs' arrests being issued without probable cause.
We have recognized Malley as a "functional exception[ ] to the independent intermediary doctrine." Wilson v. Stroman, 33 F.4th 202, 208 (5th Cir.), cert. denied sub nom. Reyna v. Wilson, — U.S. —, 143 S. Ct. 425, 214 L.Ed.2d 234 (2022), and cert. denied, — U.S. —, 143 S. Ct. 426, 214 L.Ed.2d 234 (2022). In this context, the exception applies when the evidence presented to the grand jury "obvious[ly] fail[ed]" to establish the probable cause necessary for an indictment.
We hold officers liable for "the intentional or reckless omission of material facts from a warrant application[.]" See, e.g., Hale, 899 F.2d at 400; Wilson v. Stroman, 33 F.4th 202, 211-12 (5th Cir. 2022), cert. denied sub nom. Reyna v. Wilson, 143 S.Ct. 425 (2022), and cert. denied, 143 S.Ct. 426 (2022). And we have extended that liability to any "officer who has provided information for the purpose of its being included in a warrant application" and therefore "has assisted in preparing" it. Melton v. Phillips, 875 F.3d 256, 262 (5th Cir. 2017) (en banc).
A claim under Franks is a species of false arrest claim. See Walker v. Stroman, 2022 WL 2073834, at *2 (5th Cir. June 9, 2022); Wilson v. Stroman, 33 F.4th 202, 211 (5th Cir.), cert. denied sub nom. Reyna v. Wilson, 143 S.Ct. 425 (2022), and cert. denied, 143 S.Ct. 426 (2022). Here, Plaintiff does not plausibly allege that Horton omitted information from any affidavit knowingly, intentionally, or with reckless disregard for the truth.
See Wilson v. Stroman, 33 F.4th 202, 206 (5th Cir.), cert. denied sub nom. Reyna v. Wilson, 143 S.Ct. 425 (2022), and cert. denied, 143 S.Ct. 426 (2022) (first citing Malley v. Briggs, 475 U.S. 335 (1986); then citing Franks v. Delaware, 438 U.S. 154 (1978)).