Dwight Tipton v. Louis Roberts, III, et al


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

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Case: 14-13716 Date Filed: 03/06/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-13716 ________________________ D.C. Docket No.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. 2

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