U.S. Court of Appeals for the Eleventh Circuit, 2008

Jeremy Newton v. Tim Ray

Jeremy Newton v. Tim Ray
U.S. Court of Appeals for the Eleventh Circuit · Decided July 14, 2008 · Birch, Dubina, Per Curiam, Tjoflat
287 F. App'x 763

Jeremy Newton v. Tim Ray

Opinion

PER CURIAM:

The defendant deputy sheriff arrested the plaintiff for encouraging his wife to “assault” his sister. According to plaintiffs amended complaint for money damages under 42 U.S.C. § 1983 for false arrest, plaintiffs sister called the police and the defendant responded to the call. The defendant observed that plaintiffs sister had a bloody nose; she told him that the plaintiff had “egged on” the assault. She subsequently swore out a complaint against him.

The defendant moved to dismiss the amended complaint on the ground that he was entitled to qualified immunity. The district court granted the motion. In a well reasoned Memorandum Opinion, the court held that the defendant “reasonably could have believed that probable cause existed in light of the information he possessed at the time he arrested the plaintiff.” The plaintiff now appeals. We find no error in the district court’s reasoning, and therefore affirm.

AFFIRMED.

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