[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 14-14556

Non-Argument Calendar

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D.C. Docket No. 1:13-cv-00165-KOB

BENJAMIN LITTLE, 

 Plaintiff-Appellant,

 versus

ROBERT J. DEAN, JR., et al,

 Defendants-Appellees.

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Appeal from the United States District Court

for the Northern District of Alabama

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(July 10, 2015)

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Before WILSON, MARTIN, and JULIE CARNES, Circuit Judges.

PER CURIAM: 

Plaintiff-Appellant Benjamin Little appeals the district court’s grant of 

summary judgment in favor of Defendants-Appellees.

1 Little alleged he was 

unlawfully targeted and ultimately arrested when City of Anniston code 

enforcement officials brought information to a magistrate judge that resulted in the 

issuance of a warrant for his arrest for failure to respond to notices in reference to 

violations of city ordinances related to some blighted properties he owned. On 

appeal, Little only challenges the district court’s grant of summary judgment

regarding his false arrest and malicious prosecution claims brought under 42 

U.S.C. § 1983, and the resulting dismissal of his claims brought under Alabama 

common law. 2

 He contends that there is a genuine issue of material fact as to 

whether there was probable cause for his arrest, and whether the request for the 

warrant was because of malice.

 

1 Robert J. Dean, Jr., Don A. Hoyt, Tana Bryant, Layton McGrady, and the City of 

Anniston, Alabama.

2 These are the only challenges properly before us on appeal. An issue not raised in the 

district court and raised for the first time in an appeal will not be considered by this court. 

Access Now, Inc. v. S.W. Airlines Co., 385 F.3d 1324, 1331 (11th Cir. 2004) (internal quotation 

marks omitted). Also, a legal claim or argument that has not been briefed before the court is 

deemed abandoned and its merits will not be addressed. Tanner Adver. Grp., L.L.C. v. Fayette 

Cnty., 451 F.3d 777, 785 (11th Cir. 2006) (internal quotation marks omitted). 

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After consideration of the parties’ briefs and upon thorough review of the 

record, we find that the district court properly entered summary judgment. We 

agree with the district court that (1) Little’s claims based on the actions of the code 

enforcer cannot go forward as false arrest claims, but rather must be decided under 

a claim for malicious prosecution; and, (2) in Little’s claims based on malicious 

prosecution he is unable to establish the requisite lack of probable cause or the 

presence of malice. 

Little also claims that the district court erred in dismissing his ancillary state 

claims that stem from this incident. However, “[t]he decision to exercise 

supplemental jurisdiction over pendant state claims rests within the discretion of 

the district court.” Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088–89 (11th Cir. 

2004) (per curiam). And “[w]e have encouraged district courts to dismiss any 

remaining state claims when, as here, the federal claims have been dismissed prior 

to trial.” Id. at 1089. Accordingly, given that Little’s federal claims were properly 

dismissed on summary judgment, we hold that the district court did not abuse its 

discretion in declining to exercise jurisdiction over Little’s state law ancillary 

claims.

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AFFIRMED.3

 

 

3 Little’s motion for leave to file a reply brief out of time is hereby GRANTED. 

Defendants-Appellees’ related motion to strike portions of Little’s reply brief is hereby 

DENIED.

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