United States Fifth Circuit

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Parm v. Shumate, 06-31045

In a 42 U.S.C. section 1983 action alleging that plaintiffs were falsely arrested for trespass when they refused to cease fishing on waters covering ordinarily dry, private property, summary judgment for defendant-sheriff is affirmed over plaintiff's claim that the sheriff lacked probable cause to arrest them for fishing on the property because the public has a federal and state right to fish on the property when it is submerged under the Mississippi River.

Appellate Information

  • Decided 12/28/2007
  • Published 12/31/2007

Judges

  • KING, Circuit Judge:, Before KING, GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Paul Loy Hurd (argued), Law Offices of Paul Loy Hurd, Monroe, LA, for Plaintiffs-Appellants., Craig Edmond Frosch (argued), Usry, Weeks & Matthews, New Orleans, LA, for Shumate., Newman Trowbridge, Jr., Lafayette, LA, for Amicus Curiae, LA Landowners Ass'n., Constance Charles Willems, McGlinchey Stafford, New Orleans, LA, for Amicus Curiae, Walker Cottonwood Farms, LLC., James A. Burton, Simon, Peragine, Smith & Redfearn, New Orleans, LA, for Amicus Curiae, Edward Wisner Donation.