Full opinion text
ORDER LAND, District Júdge. The Defendants in the above captioned cases have filed motions for summary judgment seeking to have this Court rule as a matter of law that they have no liability to the Plaintiffs in these two cases. The Court previously consolidated these cases for the purpose of discovery. Because the two cases involve the same factual background, many of the same Defendants, and several of the same legal issues, the Court will address all of the pending summary judgment motions together in this Order. INTRODUCTION These lawsuits arise from events that took place on December 10, 2003, when agents of the Metro Narcotics Task Force stopped a GMC Yukon on Interstate 185 in Columbus, Georgia. During the stop, Kenneth Walker, one of the Yukon’s passengers, was shot and killed by Defendant Glisson, a Muscogee County Sheriffs Deputy. The other occupants of the Yukon— Plaintiffs Beaulah, Smith, and Ransom— were detained by the Metro agents. Plaintiffs contend that the Metro agents’ stop of the Yukon and their subsequent actions violated the United States Constitution and Georgia law. The Court finds that under the well-established federal law of this circuit and applicable Georgia law, Sheriff Johnson and his deputies, in their official capacities, are entitled to immunity. Therefore, summary judgment is granted in their favor as to Plaintiffs’ official capacity claims. (For a detailed explanation of the Court’s rationale, see infra §§ 1(a), 1(c).) The Court further finds that under well-established federal law the City of Columbus/Muscogee County cannot be held liable for the actions of a duly elected Sheriff under the circumstances presented here. Furthermore, under well-established Georgia law, the City of Columbus/Muscogee County is immune from suit for Plaintiffs’ state law claims. Therefore, summary judgment is granted in favor of the City of Columbus/Muscogee County as to all of Plaintiffs’ claims. (For a detailed explanation of the Court’s rationale, see infra § 1(b).) Regarding the claims against Sheriff Ralph Johnson and his deputies in their individual capacities, the Court finds that the Sheriff and all of his deputies/Metro Narcotics Task Force Agents named as Defendants, except for Glisson, Price, and Stinson, are entitled to qualified immunity-under federal law and official immunity under Georgia law. Therefore, summary judgment is granted in their favor. (See infra §§ 2-3.) With regard to the claim against Deputy Glisson in his individual capacity for the shooting of Kenneth Walker, the Court finds that genuine issues of material fact exist to be tried, and therefore Defendant Glisson’s Motion for Summary Judgment is denied as to this claim. (See infra §§ 2(a)(ii), 2(c).) With regard to the claims against Price and Stinson in their individual capacities, the Court finds that they are entitled to summary judgment as to the claim for the death of Kenneth Walker. Stinson and Price cannot be held liable for the death of Kenneth Walker under federal and Georgia law because Glisson’s shooting of Walker was not reasonably foreseeable from the perspective of Price and Stinson. However, as to the claim that Plaintiffs suffered damages by virtue of being detained, the Court finds that genuine issues of material fact exist to be tried as to whether Stinson and Price may be liable for any foreseeable injuries that may have been suffered as a result of the detention, excluding the unforeseeable shooting of Kenneth Walker. (See infra §§ 2(a)(i), 3(a)(i)-(ii).) In light of the Court’s rulings, the only claims remaining for trial are the claims in the Walker case against Deputy Glisson in his individual capacity for his shooting of Kenneth Walker and the claims against Stinson and Price in their individual capacities for the detention of Walker prior to the shooting. In the Beaulah case, the only claims that remain pending for trial are the claims against Stinson in his individual capacity for the detention of the Plaintiffs. SUMMARY OF THE COURT’S SPECIFIC RULINGS 1. The Walker Case The Court grants in part and denies in part the Defendants’ motions for summary judgment in the Walker case (4:04-CV-161). Before the Court in the Walker case are the following motions: the Motion for Summary Judgment filed by all Defendants except Defendants Glisson and Price in their individual capacities (Doc. 49), Defendant Price’s Motion for Summary Judgment (Doc. 52), and Defendant Glisson’s Motion for Summary Judgment (Doc. 71). The Court grants Defendants’ summary judgment motions as to the Walker Plaintiffs’ official capacity claims under 42 U.S.C. § 1988 (“ § 1983”). See infra § 1(a). The Court grants Defendants’ summary judgment motions as to the Walker Plaintiffs’ § 1983 claims against the City of Columbus. See infra § 1(b). The Court grants Defendants’ summary judgment motions as to the Walker Plaintiffs’ Georgia law claims against Columbus and the individual Defendants in their official capacities. See infra § 1(c). The Court finds that the Walker Plaintiffs abandoned their individual capacity claims against Johnson, Davila, Whitten, Willi-ford, and Memmo, and those defendants are thus entitled to summary judgment. See infra § 2. The Court finds that Stinson and Price are not entitled to qualified immunity on the Walker Plaintiffs’ individual capacity unlawful seizure claim, so their summary judgment motions on this claim are denied. See infra § 2(a)(i). The Court finds that Ellerbee and Glisson are entitled to qualified immunity on the Walker Plaintiffs’ individual capacity unlawful seizure claims and therefore grants their motions for summary judgment as to this claim. See infra § 2(a)(i). The Court finds that Ellerbee, Stinson, and Price are entitled to qualified immunity on the Walker Plaintiffs’ individual capacity excessive force claims, but Glisson is not. See infra § 2(a)(ii). Therefore, the summary judgment motions of Ellerbee, Stinson, and Price on this claim are granted, and Glis-son’s Motion for Summary Judgment on this claim is denied. The Court grants Defendants’ motions for summary judgment as to the Walker Plaintiffs’ § 1983 equal protection claim, § 1983 failure to train claim, and 42 U.S.C. § 1985 conspiracy claim. See infra §§ 2(a)(iii), 2(a)(iv), 2(b). As for the Walker Plaintiffs’ state law claims, the Court finds that Ellerbee, Price, and Stinson are entitled to official immunity, and their motions for summary judgment on this claim are therefore granted. See infra § 2(c). The Court finds that Glisson is not entitled to official immunity as to the Walker Plaintiffs’ wrongful death claim against him, and his summary judgment motion on this claim is therefore denied. See infra § 2(c). 2. The Beaulah Case The Court grants in part and denies in part Defendants’ Motion for Summary Judgment (Doe. 30) in the Beaulah case (4:04-CV-155). The Court grants Defendants’ summary judgment motion as to the Beaulah Plaintiffs’ official capacity claims under § 1983. See infra § 1(a). The Court grants Defendants’ summary judgment motion as to the Beaulah Plaintiffs’ § 1983 claims against the City of Columbus. See infra § 1(b). The Court grants Defendants’ summary judgment motion as to the Beaulah Plaintiffs’ Georgia law claims against Columbus and the individual Defendants in their official capacities. See infra § 1(c). The Court finds that Moore, Williams, Fegreus, Ellerbee, Taylor, Blair, Davila, Glisson, Williford, and Johnson are entitled to qualified immunity and therefore grants their Motion for Summary Judgment as to the Beaulah Plaintiffs’ individual capacity § 1983 claims against them. See infra §§ 3(a)(i), 3(a)(ii), 3(a)(iii). The Court finds that Stinson is not entitled to qualified immunity with regard to the Beaulah Plaintiffs’ § 1983 unlawful seizure claims and excessive force claims based upon the unlawful seizure, and his summary judgment motion regarding these claims is therefore denied. See infra §§ 3(a)(i), 3(a)(ii). With regard to the Beaulah Plaintiffs’ state law claims, the Court finds that Moore, Williams, Fegreus, Ellerbee, Taylor, Blair, Davila, Glisson, Stinson, and Williford are entitled to official immunity, so their Motion for Summary Judgment is granted. See infra § 3(b). SUMMARY JUDGMENT STANDARD In evaluating the pending motions for summary judgment, the Court must determine whether there is any genuine issue of material fact for trial. Fed.R.Civ.P. 56(c). Summary judgment may be granted only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Id. In this case, Defendants have the burden to show that there is no genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If Defendants meet this burden, then the burden shifts and Plaintiffs must produce evidence to show that there is a genuine issue of material fact. Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548. When the combined body of evidence is presented, Defendants may be granted summary judgment only if the evidence, viewed in the light most favorable to Plaintiffs, would not permit a reasonable jury to find for Plaintiffs. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In evaluating the evidence to determine whether there is a genuine issue of material fact, the Court may not make credibility determinations or weigh conflicting evidence — such decisions are for a finder of fact and not a court deciding summary judgment. See Stewart v. Booker T. Washington Ins., 232 F.3d 844, 850 (11th Cir.2000). Viewing the evidence in the light most favorable to Plaintiffs reveals the following. FACTUAL BACKGROUND 1. The Defendants Defendant Johnson is, and has been at all times relevant to this lawsuit, Sheriff of Muscogee County, Georgia. As Sheriff, Johnson is the Chief Executive Officer of the Metro Narcotics Task Force (“Metro”), a multi-jurisdictional team of law enforcement officers that works to address major criminal activity — particularly drug-related crime — in the metro Columbus area. Metro is made up of law enforcement officers from Columbus, Georgia; Muscogee County, Georgia; Phenix City, Alabama; Russell County, Alabama; and Harris County, Georgia. Metro is governed by a Chief Executive Committee, which is headed by the Muscogee County Sheriff and also includes the Columbus Police Chief, Russell County Sheriff, Phenix City Police Chief, and Harris County Sheriff. All of Metro’s law enforcement officers are sworn in as deputy sheriffs in Muscogee County, Georgia. Metro operations are funded by forfeitures that Metro generates. At the time of the events giving rise to this lawsuit, Defendants Glisson and Eller-bee were Muscogee County deputy sheriffs and members of Metro. Defendant Davila was a sergeant in the Muscogee County Sheriffs Department and a member of Metro. Defendants Fegreus, Moore, Taylor, and Williams were Muscogee County deputy sheriffs not assigned to Metro. Defendant Blair was an investigator in the Muscogee County Sheriffs Department not assigned to Metro. Defendant Stinson was a sergeant in the City of Columbus Police Department and was a Metro Special Agent in Charge. Defendant Memmo was a City of Columbus police officer and a member of Metro. Defendant Price was a sergeant in the Harris County Sheriffs Department and a member of Metro. Defendant Whitten was a sergeant in the Phenix City Police Department and a member of Metro. Defendant Williford was a Russell County deputy sheriff and a member of Metro. Defendants Stinson, Memmo, Price, Whitten, and Williford were also deputized as Muscogee County deputy sheriffs. 2. The Events Giving Rise to These Lawsuits On December 10, 2003, Metro agents arrested an individual on drug charges. That individual agreed to become a confidential informant (“Cl”) and turn in a drug dealer he knew as “Bo Jack.” There is evidence that the Cl had not worked with Metro agents prior to December 10, 2003. The Cl told Metro agents that Bo Jack was selling large quantities of cocaine out of his apartment in the Northwoods apartment complex on Armour Road in Columbus, Georgia. Stinson, Price, and Whitten decided to have the Cl attempt a controlled drug buy from Bo Jack: the Cl would go to Bo Jack’s apartment to purchase drugs, and then Metro agents would get a search warrant for the apartment based on the controlled buy. Stinson, Price, and Whitten drove the Cl to the Northwoods apartment complex and asked the Cl to point out Bo Jack’s apartment. The Cl pointed the agents to apartment 3-G, an apartment on the second floor of Building 3. The Cl told agents that the apartment was a “trap,” meaning that it was a location for selling drugs where no one actually lived. The agents were unable to do a utilities check on the apartment to determine who occupied it. Metro agents — Stinson, Price, and Whit-ten in one car with the Cl and Williford and Ellerbee in another car — positioned themselves in the parking lot to observe Bo Jack’s apartment building. From their positions, the Metro agents could not see apartment 3-G, and they could not see the door of apartment 3-G or the door of any of the other three apartments on the second floor of Building 3. Therefore, any time a person went to or from Building 3, the officers could not see exactly which apartment they were visiting or leaving. The Cl told the Metro agents that he could call Bo Jack and order up to four ounces of cocaine. The Cl also stated that he had seen several kilograms of cocaine in Bo Jack’s apartment and that Bo Jack always had guns in his apartment. The Cl made a telephone call, representing to Stinson, Price, and Whitten that he was calling Bo Jack’s cell phone. That call, along with the Cl’s other calls to Bo Jack that evening, was recorded, and Stinson, Price, and Whitten were able to listen to the conversations as they took place. During the calls, the Cl never called the other party “Bo Jack” — he referred to the other party as “Boss” or “Boss Man.” During the Cl’s initial conversation with Bo Jack, Bo Jack told the Cl that “all” of his cocaine was “leaving right now” and that he only had two or three ounces of cocaine left. Within minutes of this conversation, a man exited Building 3, went to his car, and immediately drove away. Price and Stinson instructed Ellerbee and Williford to follow the vehicle, stop it, and search it. Ellerbee and Williford stopped the car, searched the driver, Michael Powell, and searched the car. They found 63.7 grams of crack cocaine in an armrest console in the center of the back seat. After Ellerbee and Williford arrested Powell and took him to a holding cell in the Sheriffs office, they returned to their position observing Bo Jack’s apartment building. They also informed Price and Stinson of the search results and the arrest. Meanwhile, another man exited Building 3, got into a black Acura and drove away. The Cl identified the man as Bo Jack, and Stinson, Price, and Whitten followed him to the La Quinta Inn on Macon Road in Columbus. Bo Jack went into a motel room for a few minutes and then left the room and returned to his car. The Metro agents lost Bo Jack in traffic and returned to their position observing Bo Jack’s apartment building. During this time frame, the Cl had several recorded conversations with Bo Jack, who told the Cl that he was picking up drugs for the Cl, asked if the Cl had money, and discussed details of the anticipated transaction with the Cl. During the surveillance, while the Cl was in the car with Stinson, Price, and Whitten, the Cl told those agents about Bo Jack’s supplier. There is a factual dispute regarding what the Cl told the agents about the supplier. According to the Cl, he told agents that he “heard somewhere” that the supplier was “a guy from Florida who brings the drugs up in an SUV [sport utility vehicle].” The Cl said that he had never met or seen the supplier and did not know what he looked like, so he could not provide a description of the supplier or his vehicle. According to the Metro agents, the Cl provided more detailed information about the supplier, stating that the supplier was a large black man from Miami who was armed and traveled with three or four other people. However, Whitten testified that the Cl could not describe the supplier, and the Cl stated in his affidavit that he never said that the supplier was dangerous or that he traveled in a group because the Cl did not know that information. Furthermore, the Cl stated in his affidavit that after the shooting of Kenneth Walker, Metro agents told the Cl to tell investigators that the supplier and his associates were heavily armed. The Cl claims that he complied with the agents request because he was concerned that if he did not, they would charge him with drug possession. Before Bo Jack returned to the North-woods apartment complex, the Metro agents observed a GMC Yukon (a large SUV) enter the Northwoods parking lot and pull into the parking space where Bo Jack’s vehicle had been. The Yukon had a Georgia license tag, and Metro agents checked the tag and learned that the Yukon belonged to Plaintiff Beaulah, a Georgia resident. Neither the Cl nor the Metro agents knew Beaulah. There is a dispute regarding whether the Cl recognized the Yukon. Metro agents contend that the Cl stated that the Yukon looked like a vehicle driven by Bo Jack’s supplier, the “Miami Boys.” However, the Metro agents also testified that the Cl was “confused” and “uncertain” regarding the Yukon. Furthermore, the Cl stated in his affidavit that he did not make any comments regarding the Yukon because he had never seen Bo Jack’s supplier and did not know what his vehicle looked like. The Yukon left the parking lot, and El-lerbee and Williford were told to follow it. The Yukon turned out of the Northwoods Apartments parking lot, drove to a night club a few hundred yards away from the apartment complex, then turned around in the night club’s parking lot and returned to the Northwoods parking lot and parked near Building 3. Around the same time, Bo Jack arrived in his Acura and parked next to the Yukon. Bo Jack got out of his car and met with a man (Ransom) who got out of the Yukon. The man from the Yukon was carrying something under his arm that appeared to be a box wrapped in plastic. The two men walked into Building 3. Metro agents contend that the Cl told them that the man from the Yukon looked like Bo Jack’s supplier. However, the Cl in his affidavit stated that he did not recognize the man and did not tell Metro agents that he recognized the man. The Cl further stated in his affidavit that after Kenneth Walker was shot, he was told by Metro agents to tell investigators that he recognized the man from the Yukon as Bo Jack’s supplier from Florida. A few minutes after Bo Jack and the man from the Yukon went into Building 3, three more men (Beaulah, Smith, and Kenneth Walker) got out of the Yukon and walked into Building 3. Approximately fifteen minutes later, the four men who had arrived in the Yukon returned to the Yukon — without the package that Ransom had carried into Building 3 — and drove away. Price and Stinson discussed the situation and determined that the Yukon should be stopped and that the Sheriffs Department’s Special Response Team (“SRT”) should take part in the stop. Price and Stinson directed Ellerbee and Williford to follow the Yukon and stop it. They also told Ellerbee and Williford that the men in the Yukon were drug suppliers and that they were armed and dangerous. Ellerbee coordinated with Moore' and Williams, both uniformed Sheriffs deputies driving marked Sheriffs vehicles, to assist in the stop. In addition, Stinson and Price contacted Davila, the commander of the SRT, to instruct him to assist Ellerbee and Williford with the Yukon. Based on the information they received from Stinson and Price, the SRT members — Blair, Davi-la, Fegreus, Glisson, and Taylor — believed that there was a high probability that the men in the Yukon were armed. Based on the information Stinson and Price gave to Davila and Ellerbee regarding the Yukon’s occupants, Stinson believed that the agents would conduct a “felony stop” of the Yukon. Ellerbee determined where to stop the Yukon and instructed the marked patrol vehicles to initiate the stop. Based on Ellerbee’s order, a marked patrol car signaled for the Yukon to stop after it turned onto Interstate 185. The Yukon pulled over and stopped in the emergency lane of the expressway, next to a retaining wall. The officers blocked in the Yukon with their vehicles. The SRT members, along with Ellerbee and Williford, conducted a “tactical deployment” on the Yukon. Each member of the team approached the Yukon with a weapon drawn. The officers removed the occupants of the Yukon at gunpoint and made them lie, face down, on the ground. Specifically, Fegreus and Blair removed Beaulah from the driver’s seat of the Yukon; Davila, Fegreus, and Blair removed Ransom from the left side rear seat; Taylor removed Smith from the right side front seat; and Glisson, assisted by Ellerbee, removed Kenneth Walker from the right side rear seat. While he was attempting to remove Walker from the Yukon and place him on the ground, Glisson jabbed Walker with his Heckler & Koch Mp5 submachine gun to make Walker aware of the gun. As Glisson, still holding the HK Mp5, attempted to handcuff Walker and place him on the ground, he shot Walker twice in the head. Glisson shot Walker although the agents on the scene did not see a weapon on Walker, Walker did not physically accost any agent, and Walker did not threaten any of the agents. Glisson now contends that the shooting was accidental. Walker died from the gunshot wounds. Beaulah, Ransom, and Smith were handcuffed and placed with their backs to the retaining wall. They were searched, and none of them had weapons or drugs oh their person. After twenty minutes to one hour against the retaining wall, Beaulah, Ransom, and Smith were placed in separate police cars, where they waited for between ten and thirty-five minutes before they were placed in a jail van together. At that point, Captain Troy Culpepper told Beaulah, Ransom, and Smith that Walker had been shot and that they were going to be detained as part of a drug investigation. Ten to twenty minutes after Culpepper spoke with Beaulah, Ransom, and Smith, they were transported to the Columbus Government Center. At the Government Center, the handcuffs were removed, and Beaulah, Ransom, and Smith were detained in holding cells for between one and a half and two hours before they were interviewed and then released. None of these men was ever charged with a crime. Officers searched Beaulah’s Yukon and found no drugs or weapons. There is a fact question as to whether there were open containers of beer in the Yukon: according to officers, there were open containers of beer; according to Smith, there were cans of beer in the Yukon, but they had not been opened. S. The Claims Beaulah, Ransom, and Smith (“Beaulah Plaintiffs”) sued the City of Columbus, Johnson in his individual capacity and in his official capacity as Sheriff of Muscogee County, and the following Defendants, individually and in their official capacities as agents of Metro: Moore, Williams, Feg-reus, Ellerbee, Taylor, Blair, Davila, Glis-son, Stinson, and Williford. The Beaulah Plaintiffs’ claims are as follows: 1) 42 U.S.C. § 1983 (“ § 1983”) claims against the individual Defendants for “violation of [Plaintiffs’] constitutional rights;” 2) claims under Georgia law against the individual Defendants for false arrest and false imprisonment; 3) § 1983 failure-to-train and failure-to-supervise claims against Johnson; and 4) § 1983 claims against the City of Columbus. Cheryl Walker, the widow of Kenneth Walker, made claims individually, as administrator of Kenneth Walker’s estate, and as the legal guardian of Kayla Walker, daughter of Kenneth and Cheryl Walker (The Court refers to Ms. Walker in her various capacities as “the Walker Plaintiffs.”). The Walker Plaintiffs brought claims against the City of Columbus, Mus-cogee County, and Johnson in his individual capacity and in his official capacity as Sheriff of Muscogee County. They also brought claims against Culpepper, Davila, Taylor, Fegreus, Blair, Williams, and Moore in their individual capacities only and against the following Defendants, individually and in their official capacity as agents of Metro: Glisson, Stinson, Price, Whitten, Williford, Ellerbee, and Memmo. The Walker Plaintiffs make the following claims: 1) § 1983 claim for deprivation of equal protection in violation of the Fourteenth Amendment; 2) § 1983 claim for unlawful seizure in violation of the Fourth Amendment; 3) § 1983 claim for excessive use of force in violation of the Fourth Amendment; 4) § 1983 claim for failure to train and supervise; 5) conspiracy claim under 42 U.S.C. § 1985; 6) Georgia law wrongful death claim (against Glisson only); and 7) claims under Georgia law for false arrest, false imprisonment, assault and battery, and failure to provide medical care. DISCUSSION 1. Plaintiffs’ Claims Against the City of Columbus, Muscogee County, and the Sheriff and his Deputies in their Official Capacities a. Official Capacity § 1983 Claims Against Sheriff and Deputies Both the Walker Plaintiffs and the Beaulah Plaintiffs assert § 1983 claims against Johnson in his official capacity as Sheriff of Muscogee County. The Beau-lah Plaintiffs make § 1983 claims against the following Defendants in their official capacities as “agent[s] of the Metro Narcotics Task Force”: Moore, Williams, Feg-reus, Ellerbee, Taylor, Blair, Davila, Glis-son, Stinson, and Williford. The Walker Plaintiffs also allege § 1983 claims against the following Defendants, individually and in their official capacities as agents of Metro: Glisson, Stinson, Price, Whitten, Williford, Ellerbee, and Memmo. Defendants moved for summary judgment on these official capacity claims, contending that they are entitled to Eleventh Amendment immunity. The Beaulah Plaintiffs opposed Defendants’ summary judgment motion regarding the official capacity § 1983 claims. As discussed below, the Court finds that the Beaulah Plaintiffs’ official capacity § 1983 claims are barred by Eleventh Amendment immunity. The Walker Plaintiffs did not oppose Defendants’ summary judgment motion on the official immunity claims and affirmatively acknowledged at the summary judgment hearing that they abandoned these claims. Based upon the Walker Plaintiffs’ abandonment and for the same reasons summary judgment is appropriate as to the Beaulah Plaintiffs’ claims, the Court grants Defendants’ Motion for Summary-Judgment on the Walker Plaintiffs’ official capacity § 1983 claims. When a plaintiff makes a § 1983 claim against an officer in his official capacity, that is “another way of pleading an action against an entity of which an officer is an agent.” Abusaid v. Hillsborough County Bd. of County Comm’rs, 405 F.3d 1298, 1302 n. 3 (11th Cir.2005). Based on the record in this case, the Court finds that all of the Plaintiffs’ claims against the individual Defendants in their official capacities are properly construed as claims against the Sheriff of Muscogee County. Defendants contend that the Muscogee County Sheriff is an arm of the State and is thus entitled to Eleventh Amendment immunity. “The Eleventh Amendment is ‘a recognition that states, though part of a union, retain attributes of sovereignty, including immunity from being compelled to appear in the courts of another sovereign against their will.’ ” Manders v. Lee, 338 F.3d 1304, 1308 (11th Cir.2003) (en banc) (quoting McClendon v. Georgia Dep’t of Cmty. Health, 261 F.3d 1252, 1256 (11th Cir.2001)). The Eleventh Amendment bars suits brought in federal court when an “arm of the State” is sued, unless the arm of the State consents or waives its immunity. Manders, 338 F.3d 1304 at 1308; see also Abusaid, 405 F.3d at 1303. To receive Eleventh Amendment immunity, “a defendant need not be labeled a ‘state officer’ or ‘state official,’ but instead need only be acting as an ‘arm of the State.’” Manders, 338 F.3d at 1308. Whether a defendant is an “arm of the State” is assessed in light of the particular function he was performing when taking the challenged action. Id. at 1308. To determine whether an entity is an “arm of the State” in carrying out a particular function, the following four factors are considered: “(1) how state law defines the entity; (2) what degree of control the State maintains over the entity; (3) where the entity derives its funds; and (4) who is responsible for judgments against the entity.” Id. at 1309. In Manders, the Eleventh Circuit found that a Georgia county sheriff was an “arm of the State” when establishing his use of force policy in county jails because his duties and functions were “derived directly from the State, performed for the State, and controlled by the State.” Id. at 1328. The Eleventh Circuit further found that the State “exercised its managerial prerogative” to control a number of aspects of the sheriffs office — incarcerating state offenders in county jails under the sheriffs charge; controlling the sheriffs duties and training the sheriff in those duties; precluding county control over sheriffs; and paying for the sheriffs training and discipline. Id. The Eleventh Circuit also found that both county and state funds were indirectly implicated by an adverse judgment against the sheriff but determined that this factor did not defeat immunity. Id. at 1329. Like Manders, the instant case involves a Georgia county sheriff. The particular functions at issue here are the law enforcement functions performed by sheriffs deputies when they decide to detain a person for criminal activity and when they use force against a person during a detention or arrest. In Mladek v. Day, this Court, applying the Manders factors, found that a Georgia sheriff is an arm of the State when exercising his law enforcement function of arresting and detaining criminal suspects. Mladek, 293 F.Supp.2d 1297, 1304 (M.D.Ga.2003), aff'd without opinion, 125 Fed.Appx. 978 (11th Cir.2004) (unpublished table decision). As this Court noted in Mladek, the Eleventh Circuit made it clear in Manders that it found no distinction between the function of implementing a use of force policy in a county jail and the law enforcement function of arresting citizens for violating the law. Id. Specifically, the Eleventh Circuit found that “counties exercise no authority or control over the sheriffs force policy, whether in making arrests on the streets or in quelling disruptive inmates at the jail.” Manders, 338 F.3d at 1310. See also id. at 1313 (“[Sjheriffs in Georgia derive then-power and duties from the State, are controlled by the State, and counties cannot, and do not, delegate any law enforcement power or duties to sheriffs.”). Plaintiffs contend that this case is distinguishable from Mladek and Manders because some of the officers involved in the stop of the Yukon and the detention of its occupants were assigned to Metro. This assignment, Plaintiffs argue, compels a conclusion that the sheriffs deputies were wearing a “county hat” rather than a “state hat” when they stopped the Yukon and detained its occupants. The Court is unpersuaded by this argument. The officers were acting as Muscogee County deputy sheriffs under the direction of the Muscogee County Sheriff when they participated in the events leading up to this lawsuit. Plaintiffs have pointed to no evidence suggesting that the sheriffs law enforcement power is controlled by the Columbus Consolidated Government — or any entity other than the State — simply because the sheriff entered into an agreement to participate in a multi-jurisdictional task force or because some of his deputies were assigned to work on that task force. Moreover, there is no evidence that, in joining Metro, the sheriff was delegated law enforcement powers or duties beyond those delegated to him by the State. Rather, the record establishes that Metro provides a framework for exercising the sheriffs State-delegated law enforcement powers and duties in cooperation with law enforcement officers from other jurisdictions, who are deputized as Muscogee County deputy sheriffs. For these reasons, there is nothing in the record to distinguish this case from Manders and Mladek. Based upon the rationale of Manders and Mladek, the Court finds the Muscogee County sheriffs deputies were wearing a “state hat” when they stopped the Yukon and detained its occupants. Therefore, the sheriff and his deputies are considered to be arms of the state and are thus entitled to Eleventh Amendment immunity in this case. Accordingly, the Court grants Defendants’ summary judgment motion as to the Plaintiffs’ § 1983 claims against all of the individual Defendants in their official capacities. b. § 1983 Claims, Against Columbus and Muscogee County In addition to their § 1983 official capacity claims, Plaintiffs made § 1983 claims against the City of Columbus and Muscogee County. In 1971, the City of Columbus and Muscogee County were consolidated into a single local government entity. 1971 Ga. Laws Extraordinary Sess.2007, 2010-11. For purposes of this Order, the Court refers to this single local government entity as “Columbus.” When a plaintiff sues a local government under § 1983, the local government may not be held hable solely for the acts of its employees— § 1983 liability must be predicated on the acts of the local government. Pembaur v. City of Cincinnati, 475 U.S. 469, 479, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Therefore, for a local government to be held liable under § 1983, the deprivation at issue must have taken place- pursuant to local government policy or custom. Monell, 436 U.S. at 694, 98 S.Ct. 2018. A plaintiff has two avenues for establishing a local government’s policy: “identify either (1) an officially promulgated [local government] policy or (2) an unofficial custom or practice of the [local government] shown through the repeated acts of a final policymaker for the [local government ].” Grech v. Clayton County, Georgia, 335 F.3d 1326, 1329 (11th Cir.2003) (en banc) (emphasis added). Under either avenue, the plaintiff must show that the local governmental entity has authority and responsibility over the governmental function in issue. Id. at 1330. The plaintiff must also identify the local government’s final policymaker concerning the act alleged to have caused the constitutional violation. Id. Here, it is not seriously disputed that the Muscogee County Sheriff acts as a final policymaker with regard to the law enforcement practices of his deputies. The dispute in this case is over whether Columbus controls the sheriff and his deputies when they perform law enforcement duties while working with Metro. In Grech, the Eleventh Circuit found that a Georgia county has “no authority and control over the sheriffs law enforcement function.” Id. at 1348. Therefore, the court concluded that a Georgia county sheriff is not a county policymaker under § 1983 for his law enforcement conduct, so counties cannot be held liable under § 1983 for the acts and policies of the sheriff and his deputies. Id. Plaintiffs contend that this case is distinguishable from Grech and that Columbus does have control over the sheriffs law enforcement policies with regard to Metro operations. However, Plaintiffs have pointed to no evidence that Columbus controls the sheriffs law enforcement policymaking or that the sheriff ceded any of his law enforcement policymaking authority to Columbus (or any other entity) when he agreed to participate in Metro. Plaintiffs contend that there is sufficient evidence of control because Columbus made a one-time funding resolution in 1989 to provide up to $20,000 to Metro. There is no evidence that Columbus dictated (or was permitted to dictate) how these funds were used. Cf. Manders, 338 F.3d at 1323 (noting that, under Georgia law, a county must provide funding to the sheriff but may not dictate how that funding will be spent in the exercise of the sheriffs duties). Even if the Court did consider funding to be an indicia of control in this case, there is no evidence that Columbus has provided funding for Metro since that one-time allocation in 1989. Rather, Metro’s operations are funded by the forfeitures Metro generates. Because there is no evidence that Columbus controls sheriffs law enforcement policies with regard to Metro operations, the Court cannot find that the sheriff acts as a policymaker for Columbus. Therefore, Columbus cannot be held liable under § 1983 for the acts and policies of the sheriff and his deputies, and Columbus is entitled to summary judgment on Plaintiffs’ § 1983 claims. c. Official Capacity State Law Claims In addition to their § 1983 claims against Columbus and the individual Defendants in their official capacities, both the Walker Plaintiffs and the Beaulah Plaintiffs assert claims under Georgia law against Columbus and the individual Defendants in their official capacities. Defendants moved for summary judgment on these claims, contending that these claims are barred by sovereign immunity. Under the Georgia Constitution, sovereign immunity is extended to “the state and all of its departments and agencies.” Ga. Const, art. I § II ¶ IX(e). This sovereign immunity extends to Georgia counties. Gilbert v. Richardson, 264 Ga. 744, 747, 452 S.E.2d 476, 479 (1994). Under Georgia law, the tort liability of the consolidated government of Columbus is the same as the tort liability applicable to counties. Bowen v. Columbus, 256 Ga. 462, 349 S.E.2d 740, 741 (1986) (upholding amendment to Columbus charter providing that tort liability of Columbus “shall be the tort liability applicable to counties”). A county sheriff sued in his official capacity “may raise any defense available to the county, including sovereign immunity.” Gilbert, 264 Ga. 744, 746 n. 4, 452 S.E.2d 476, 479 n. 4. Although a county’s sovereign immunity may be waived under certain circumstances, see, e.g., O.C.G.A. § 33-24-51 (providing that a county waives its governmental immunity to the extent of the amount of liability insurance covering injury arising from the use of a motor vehicle), there is nothing in the record to show that immunity has been waived in this case. Therefore, Columbus and Johnson are entitled to sovereign immunity. Accordingly, the Court grants Defendants’ motions for summary judgment as to all state law claims against Columbus and the individual Defendants in their official capacities. 2. Walker Plaintiffs’ Claims Against Sheriff and His Deputies in Their Individual Capacities The Walker Plaintiffs previously stipulated to the dismissal of Defendants Blair, Culpepper, Fegreus, Moore, Taylor, and Williams. At the hearing on the summary judgment motion, the Walker Plaintiffs confirmed that they have abandoned , all of their claims except their claims against Defendants Glisson, Price, Stinson, and El-lerbee in their individual capacities. Therefore, the Court grants Defendants’ summary judgment motion as to Defendants Johnson, Davila, Whitten, Williford, and Memmo in their individual capacities. Accordingly, the only remaining claims to be analyzed in the Walker case are the claims against Defendants Glisson, Price, Stinson, and Ellerbee in their individual capacities. a. § 198S Claims The Walker Plaintiffs make several claims under § 1983, asserting that Kenneth Walker suffered constitutional deprivations at the hands of Ellerbee, Glisson, Price, and Stinson. To make a case under § 1983, the Walker Plaintiffs must prove that these Defendants, acting under color of state law, deprived Walker of a right, privilege, or immunity secured by the Constitution or a federal law. See 42 U.S.C. § 1983. It is undisputed in this case that Ellerbee, Glisson, Price, and Stinson were acting under color of state law when they participated in the Metro operation on December 10, 2003. The Walker Plaintiffs claim that Ellerbee, Glisson, Price, and Stinson violated Walker’s right to be free from unreasonable search and seizure, his right to be free from the use of excessive force, and his right to equal protection of the laws. ' Ellerbee, Glisson, Stinson, and Price contend that they are entitled to qualified immunity for their actions. Qualified immunity shields public officers acting within the scope of their discretionary authority from liability so long as their acts do not violate clearly established law. See Hope v. Pelzer, 536 U.S. 730, 739, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002); Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). “The purpose of this immunity is to allow government officials to carry out their discretionary duties without the fear of personal liability or harassing litigation ... protecting from suit ‘all but the plainly incompetent or one who is knowingly violating the federal law.’ ” Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir.2002) (quoting Willingham v. Loughnan, 261 F.3d 1178, 1187 (11th Cir.2001)). To receive qualified immunity, an officer must show that “he was acting within the scope of his discretionary-authority when the allegedly wrongful acts occurred.” Lee, 284 F.3d at 1194. Here, it is undisputed that Ellerbee, Glisson, Price, and Stinson were acting within their discretionary authority during the events giving rise to this lawsuit. After a defendant establishes that he was acting within his discretionary authority, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id. In determining whether qualified immunity is appropriate, the courts apply a two-part test. First, the court must determine whether, taken in the light most favorable to the party asserting the injury, the facts alleged show that the officer’s conduct violated a constitutional' right. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001); see also Lee, 284 F.3d at 1194. If no constitutional right would have been violated under the plaintiffs version of the facts, there is no need for further inquiry. Lee, 284 F.3d at 1194. If, however, plaintiffs version of the facts establishes a violation of a constitutional right, the court must then determine whether the right was clearly established at the time of the officer’s conduct. Saucier, 533 U.S. at 201, 121 S.Ct. 2151. A right is clearly established if it is “sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Hope, 536 U.S. at 739, 122 S.Ct. 2508; accord Saucier, 533 U.S. at 202, 121 S.Ct. 2151; see also Evans v. Stephens, 407 F.3d 1272, 1282 (11th Cir.2005) (right is clearly established if “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted”). The unlawfulness of the action must be apparent in light of pre-existing law, but there is no requirement that the very action in question has been previously held unlawful. Hope, 536 U.S. at 739, 122 S.Ct. 2508. i. § 1983 Unlawful Seizure Claim The Walker Plaintiffs contend that the Metro Agents violated Kenneth Walker’s right to be free from unreasonable search and seizure because they stopped the Yukon without probable cause or reasonable suspicion. In general, the Fourth Amendment to the United States Constitution, applicable to the states by virtue of the Fourteenth Amendment, prohibits law enforcement officials from making searches or seizures without probable cause. See United States v. Dunn, 345 F.3d 1285, 1288 (11th Cir.2003). There is an exception to this rule: a law enforcement officer may, consistent with the Fourth Amendment, “ ‘conduct a brief, investigatory stop when .the officer has a reasonable, articula-ble suspicion that criminal activity is afoot.’ ” Jackson v. Sauls, 206 F.3d 1156, 1165 (11th Cir.2000) (quoting Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000)). Reasonable suspicion must be based on objective facts, and it requires “ ‘more than an inchoate and unparticularized suspicion or hunch.’ ” United States v. Nunez, 455 F.3d 1223, 1226 (11th Cir.2006) (quoting United States v. Powell, 222 F.3d 913, 917 (11th Cir.2000)). In this case, it is undisputed that the stop of the Yukon was a “seizure” within the meaning of the Fourth Amendment. The Metro agents were allowed to stop the Yukon if, “under the totality of the circumstances ... from the collective knowledge of the officers involved in the stop,” they had an objectively reasonable suspicion that the Yukon’s occupants had engaged, or were about to engage, in a crime. United States v. Acosta, 363 F.3d 1141, 1145 (11th Cir.2004). Because the Metro agents involved in the stop of the Yukon have asserted a qualified immunity defense, “the issue is not whether reasonable suspicion existed in fact, but whether the officerfs] had ‘arguable’ reasonable suspicion to support an investigatory stop.” Jackson, 206 F.3d at 1166. Arguable reasonable suspicion would exist in this case if a reasonable officer in the same circumstances and possessing the same information as the Metro agents could have believed that reasonable suspicion existed to stop the Yukon. See Lee, 284 F.3d at 1195 (defining arguable probable cause). In determining whether arguable reasonable suspicion existed, the Court “must, take ‘the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.’ ” Harris v. Coweta County, 433 F.3d 807, 813 n. 6 (11th Cir.2005). The first question in this case is whether Stinson and Price—the two Metro agents who made the decision to order the stop of the Yukon—had arguable reasonable suspicion to order the stop. The answer to this question depends upon what information Stinson and Price had available to them at the time that they ordered the stop. The evidence - in the present record is in conflict on this issue. Plaintiffs have filed an affidavit from the Cl contradicting in part what Price and Stin-son say the Cl told them on the night in question. For the reasons that follow, if the Cl’s version of what happened is taken as true, thén the Court finds that genuine issues of material fact exist as to whether Stinson and Price had arguable reasonable suspicion to order the stop. If Stinson and Price’s version is accepted as true, then they likely had arguable reasonable suspicion. It is not for this Court at this stage of the proceedings to resolve this conflict and determine who is telling the truth. Instead, at this summary judgment stage, the Court must construe the facts in favor of the Plaintiffs, which requires the Court to accept the Cl’s version of the facts. Of course, at trial, no such constraint exists, and the fact finder will determine from the trial testimony whom to believe. The facts, when construed in Plaintiffs’ favor, establish that a reasonable officer on the scene and presented with the same set of facts as Price and Stinson could not have believed that reasonable suspicion existed to stop the’Yukon. First, there is the matter of what the Cl actually told the Metro agents regarding Bo Jack’s supplier. Although Price and Stinson contend that -the Cl described the Yukon as similar to an SUV driven by Bo Jack’s drug suppliers, the CL denied that he gave any description of the Yukon. The Cl claims that he said he had never seen Bo Jack’s supplier, so he could not describe his vehicle. Price and Stinson also assert that the Cl described Bo Jack’s supplier as being armed and traveling with three or four other people. Again, the Cl’s affidavit squarely contradicts this assertion: the Cl stated that he never met or saw the supplier and that he did not know who accompanied the supplier on his travels. In addition, Price and Stinson claim that the Cl described the drug supplier as a large black male, and the Yukon’s driver, Beau-lah, matched that description. The Cl stated, however, that he had never met or seen the supplier and did not know what he looked like. Viewed in the light most favorable to Plaintiffs, the evidence shows that the only information Price and Stin-son had about the supplier is that the Cl “heard somewhere” that the supplier was “a guy from Florida who brings the drugs up in an SUV.” Finally, the evidence shows that the Cl was told, after Stinson and Price learned that Kenneth Walker had been shot during the stop of the Yukon, to tell investigators that a man from the Yukon looked like Bo Jack’s supplier from Florida and that the supplier and his associates were heavily armed. In other words, the evidence, viewed in the light most favorable to Plaintiffs, gives rise to a reasonable inference that Price and Stin-son fabricated evidence after-the-fact to bolster their reasonable suspicion determination. The Court stresses that it is not finding that Stinson and Price actually fabricated evidence. However, the Court must accept Plaintiffs’ evidence as true for the purposes of summary- judgment, and Plaintiffs’ evidence would allow a reasonable fact finder to conclude that such fabrication did occur. Price and Stinson contend that, even without the disputed Cl statements, they had arguable reasonable suspicion to stop the Yukon. They rely heavily on the Cl’s undisputed statements regarding Bo Jack, the phone conversations between the Cl and Bo Jack, and their surveillance of the scene. Price and Stinson argue that the evidence derived from these sources is as follows: (1) Bo Jack confirmed during conversations with the Cl that extensive drug activity was taking place out of his apartment; (2) Bo Jack’s apartment was 3-G in Northwoods Apartments; (3) Michael Powell was arrested with more than sixty grams of cocaine in the back seat armrest console of his car after he exited Building 3; (4) Bo Jack drove to the La Quinta motel while representing to the Cl that he was acquiring more cocaine, Metro agents had observed drug activity at the La Quin-ta, and Bo Jack spent only ten to fifteen minutes in the motel; (5) Bo Jack and the Yukon arrived nearly simultaneously at Northwoods Apartments; (6) Ransom spoke with Bo Jack and walked with him into Building 3 carrying a package; (7) Bo Jack did not answer his telephone while the Yukon’s passengers were in Building 3 for ten to fifteen minutes, and the Cl said he would not answer the phone while conducting drug deals; and (8) the Cl said that Bo Jack’s apartment was a “drug trap.” The two most important pieces of information underlying all of the Metro agents’ conclusions came exclusively from the Cl: (1) Bo Jack was selling drugs out of apartment 3-G at Northwoods Apartments, and (2) Bo Jack was the person with whom the Cl spoke on the recorded phone calls. In evaluating the sufficiency of information provided by an informant, the “totality of the circumstances” must be considered, including factors such as corroboration of the informant’s tip and the informant’s veracity, reliability, and basis of knowledge. United States v. Gonzalez, 969 F.2d 999, 1002-03 (11th Cir.1992). The Eleventh Circuit in Gonzalez stressed that “corroboration of the details of an informant’s tip by independent police work is of significant value.” Id. at 1003. Metro’s policy regarding informant reliability reflects this principle, and the Metro agents knew that they needed to corroborate the Cl’s information to satisfy themselves that the information was reliable. That is exactly why the Metro agents took the Cl to Northwoods Apartments that night: because the Cl had never before worked with Metro, he was not presumed by the officers to be reliable, and the Metro agents intended to have the Cl complete a controlled drug buy from Bo Jack. The purpose of the planned controlled buy was to corroborate the Cl’s statements regarding Bo Jack and to establish probable cause for a search of Bo Jack’s apartment. But the controlled buy never occurred. In the absence of a controlled buy to corroborate the Cl’s information, the Metro officers could still corroborate the Cl’s information or otherwise determine that the Cl was reliable. However, the evidence viewed in the light most favorable to Plaintiffs establishes that little corroboration occurred. The Metro agents were not able to verify that Bo Jack lived in apartment 3-G; they could not confirm that Bo Jack was the person to whom the Cl was speaking on the phone; they did not run a tag check on the black Acura which the Cl pointed out as Bo Jack’s car; they could not confirm that the person whom the Cl identified as Bo Jack was, in fact, Bo Jack; they could not tell whether Powell was leaving apartment 3-G or another apartment in Building 3; they could not tell whether the man identified as Bo Jack was entering and leaving apartment 3-G; they could not tell whether the Yukon’s occupants visited apartment 3-G; and the person speaking with the Cl on the phone stated that he was not at his place at times when the Acura was at Northwoods Apartments. Stinson and Price do point to some evidence of corroboration: first, Powell’s exit from Building 3 (and near-immediate arrest for drug possession) occurred around the same time as the phone conversation in which the Cl was told that “all” of Bo Jack’s cocaine was “leaving right now,” and second, the timing of Bo Jack’s visit to the La Quinta motel coincided with the phone conversation in which the Cl was told that Bo Jack was picking up drugs for the Cl. Viewing the whole picture of the evidence, the Metro officers relied mainly upon the word of an untested Cl to form their suspicion that there was drug activity in apartment 3-G. Even assuming that a reasonable officer on the scene with the same information could have believed that reasonable suspicion existed as to the apartment, that suspicion — without more— is not sufficient to give rise to arguable reasonable suspicion that the occupants of the Yukon were engaged in criminal activity- No arguable reasonable suspicion could arise based on the Cl’s statement that he “heard somewhere” that the supplier was “a guy from Florida who brings the drugs up in an SUV.” Even if the CI’s statement had been more certain or specific, the mere presence of a Yukon SUV at the apartment building — with Georgia tags registered to a Georgia resident unknown to the officers and the Cl — is not sufficient to create an objectively reasonable suspicion that the Yukon’s occupants were the Florida drug dealers or that they were otherwise engaged in criminal activity. Moreover, no arguable reasonable suspicion could arise based on the Yukon occupants’ mere presence at Building 3 of the Northwoods Apartments. The general rule, which was clearly established pri- or to December 10, 2003, is that a person’s mere presence in a known crime area does not give rise to a reasonable, particularized suspicion that the person is committing a crime: there must be presence plus some suspicious activity. Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000). It is not enough for an officer to say that a person “looked suspicious” — there must be a reasonable basis for that conclusion. Id. It is true that officers are not “required to ignore the relevant characteristics of a location in determining whether the circumstances are sufficiently suspicious to warrant further investigation” and that the fact that a stop occurred in a “high crime area” is a relevant contextual consideration in determining whether there was reasonable suspicion for a stop. Id. Other relevant considerations include the suspect’s demeanor — such as flight from the area or nervous and evasive behavior. Id. See United States v. Powell, 222 F.3d 913, 917-918 (11th Cir.2000) (finding reasonable suspicion to arrest suspect based on suspect’s multiple trips to and from house of known drug trafficker); see also Nunez, 455 F.3d at 1226 (finding reasonable suspicion to stop suspects who took large black trash bags from a house which officers had probable cause to believe was a marijuana grow house and placed the bags in the trunk of their car); United States v. Canela, 144 Fed.Appx. 17, 22, (11th Cir.2005) (finding reasonable suspicion to stop suspect who appeared either to be transporting drugs for drug deal or conducting counter-surveillance of drug deal and who fled the scene immediately after undercover agents did a “takedown” of the primary target); cf. Michigan v. Summers, 452 U.S. 692, 705, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981) (allowing detention of person who was seen leaving premises subject to valid warrant to search for contraband). Here, the occupants of the Yukon were not present in a high crime area or a known drug area. They were present at an apartment building which officers had, at most, based on the evidence viewed in the light most favorable to Plaintiffs, a reasonable suspicion of criminal activity. The only “suspicious” activities engaged in by the Yukon’s occupants were: (1) Ransom carried a box into Building 3 but did not carry it out of Building 3, and (2) the four men stayed in Building 3 only a short period of time. The Court finds that this information is not enough to create an objectively reasonable suspicion that the Yukon’s occupants were engaged in criminal activity. The implication of Defendants’ argument is that any time individuals visit a place where police officers suspect (but do not have probable cause to believe) that drugs are present, the officers may reasonably stop and detain those individuals when they leave. Such a rule would render meaningless the Wardlow rule and would essentially allow officers to base a seizure on little more than a hunch. The Fourth Amendment clearly requires more than that. See Nunez, 455 F.3d at 1226. In summary, the law was clearly established prior to December 10, 2003, that Stinson and Price needed reasonable suspicion to order the stop of the Yukon. See Lee, 284 F.3d at 1195. If a jury were to credit Plaintiffs’ evidence regarding what facts Price and Stinson had when they made their reasonable suspicion determination and the evidence that Price and Stinson fabricated evidence, then Price and Stinson had no reasonable basis for ordering the stop of the Yukon. Therefore, a reasonable law enforcement officer in Price and Stinson’s shoes would have known that he lacked reasonable suspicion for stopping the Yukon and that he was violating clearly established law when he ordered the stop. Although the Court is “loath to second-guess” the decisions made by law enforcement officers in the field, the Court cannot find as a matter of law that Stinson and Price had a reasonable basis for ordering the stop of the Yukon. Vaughan v. Cox, 343 F.3d 1323, 1331 (11th Cir.2003). For these reasons, the Court concludes that Stinson and Price are not entitled to qualified immunity on the Walker Plaintiffs’ unlawful seizure claim, and their summary judgment motions are denied as to that claim. Having determined from the evidence construed in favor of the Plaintiffs that Stinson and Price did not have arguable reasonable suspicion to support the stop of the Yukon, the Court must now determine whether Ellerbee and Glisson may also be held liable for the unlawful seizure of the Yukon. Like Stinson and Price, Ellerbee and Glisson assert a qualified immunity defense. They argue that they had arguable reasonable suspicion to stop the Yukon. Unlike Stinson and Price, Ellerbee and Glisson did not actually make an independent reasonable suspicion determination. Rather, they relied up