Dwight Tipton v. Louis Roberts, III, et al

Filing

Opinion issued by court as to Appellant Dwight E. Tipton. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 14-13716

Date Filed: 03/06/2015

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-13716
________________________
D.C. Docket No. 5:13-cv-00236-RS-EMT
DWIGHT E. TIPTON,
Plaintiff - Appellant,
versus
LOUIS ROBERTS, III,
In his official capacity as Sheriff of Jackson County Florida,
JAMES LAWRENCE,
In his individual capacity,
KIMBERLY MUNDY,
In her individual capacity,
SHANE TIPTON,
Defendants – Appellees,
SHAWN TIPTON,
In his individual capacity,
Defendant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(March 6, 2015)
Before TJOFLAT, JULIE CARNES and FAY, Circuit Judges.

Case: 14-13716

Date Filed: 03/06/2015

Page: 2 of 2

PER CURIAM:

For the reasons stated in the District Court’s order of July 17, 2014, Doc. 47,
officers James Lawrence and Shane Tipton had probable cause to believe that
Dwight Tipton had committed petit theft. Therefore, in arresting him, the officers
did not infringe Tipton’s Fourth (and Fourteenth) Amendment right to be secure
against unreasonable seizure, and the District Court properly granted them
summary judgment on Tipton’s claim for damages under 42 U.S.C. § 1983.
Because Tipton’s § 1983 claim against Sheriff Louis Roberts III is dependent on a
finding of such infringement, the District Court properly granted Sheriff Roberts
summary judgment.
AFFIRMED.

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