U.S. Court of Appeals for the Eleventh Circuit, 2007

Jeremy Newton v. Tim Ray

Jeremy Newton v. Tim Ray
U.S. Court of Appeals for the Eleventh Circuit · Decided November 8, 2007 · Tjoflat, Birch, Dubina
253 F. App'x 879

Jeremy Newton v. Tim Ray

Opinion

PER CURIAM:

In this action for money damages brought under 42 U.S.C. § 1983, the plaintiff alleges that the defendant, a deputy sheriff, arrested him without probable cause in violation of the Fourth and Fourteenth Amendments. The defendant moved the district court to dismiss plaintiffs amended complaint on the ground that he is entitled to qualified immunity. The court denied his motion in a one-line order, which simply stated that after considering the pleadings, the court was of the opinion that the motion was “due to be denied.”

The defendant now appeals. We vacate the district court’s order and remand the case to enable the district court to “render a reasoned decision on the qualified immunity issue.” See Danley v. Allen, 480 F.3d 1090 (11th Cir. 2007).

VACATED and REMANDED.

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