United States Fifth Circuit

In a 42 U.S.C. section 1983 action alleging an unlawful arrest, the denial of summary judgment based on qualified immunity is reversed, where: 1) Defendant-Officer had probable cause to stop Plaintiff because he was not wearing a seatbelt; and 2) because Plaintiff resisted arrest, the force Defendant used to handcuff him was reasonable.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• OWEN, Circuit Judge:, Before GARWOOD, OWEN and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Fred H. Sutherland (argued), Beard & Sutherland, Shreveport, LA, for the Colliers.


• For Appellees:
  
• Kenneth E. Mascagni (argued), James Richard Sterritt, Cook, Yancey, King & Galloway, Shreveport, LA, for Defendants-Appellants.