McNutt v. Manning
McNutt v. Manning
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-10442 Summary Calendar
CHRIS MCNUTT,
Plaintiff-Appellant,
versus
OLEN MANNING; MIKE COKER,
Defendants-Appellees.
-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CV-1741-H -------------------- December 18, 2000 Before JOLLY, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:1
Chris McNutt appeals the district court’s order granting
summary judgment to Olen Manning and Mike Coker, denying his claims
under
42 U.S.C. § 1983and state law concerning the search and
seizure of his vehicles and vehicle salvage parts, located in the
front and back of his house, and his arrest. McNutt argues that
the district court erred in holding that Manning and Coker were
entitled to qualified immunity from liability for his § 1983 claims
and state law claims concerning the search and seizure and his
arrest. He argues that Manning and Coker did not have probable
cause or a warrant to search his vehicles and parts in front or
1 Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. behind his house and that he did not consent to the search and
seizure. Because administrative searches of salvage yards are
exceptions to the warrant requirement of the Fourth Amendment,
Manning and Coker did not violate McNutt’s Fourth Amendment rights
by searching the vehicles and parts in front and behind McNutt’s
house. See United States v. Thomas,
973 F.2d 1152, 1155(5th Cir.
1992); see also Tex. Rev. Stat. Ann. art. 6687–2(j)(West Supp
2000); Tex. Rev. Stat. Ann. art. 6687-1a(17)(West Supp. 2000).
McNutt argues that the district court erred in holding that
Manning and Coker were entitled to qualified immunity from
liability for conversion of his property. Because Manning and
Coker were lawfully on McNutt’s property and had probable cause to
associate the vehicles and parts with criminal activity, the
seizure of the vehicles and parts was appropriate. See Thomas,
973 F.2d at 1156. McNutt has not shown that the defendants are liable
for conversion of his property. See Varel Mfg. Co. v. Acetylene
Oxygen Co.,
990 S.W.2d 486, 496(Tx. App. 1999).
McNutt argues that the district court erred in holding that
Manning and Coker were entitled to qualified immunity from
liability for false arrest. Because McNutt has not shown that
Manning and Coker “knowingly provided false information to secure
the arrest warrant[] or gave false information in reckless
disregard of the truth,” they have not shown that Manning and Coker
are liable for false arrest. See Freeman v. County of Bexar,
210 F.3d 550, 553(5th Cir. 2000).
AFFIRMED.
2
Reference
- Status
- Unpublished