Steve Parton v. Blake Dorning, et al

Filing

Opinion issued by court as to Appellant Steve Parton. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-16563

Date Filed: 09/29/2017

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-16563
Non-Argument Calendar
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D.C. Docket No. 5:15-cv-02221-CLS

STEVE PARTON,
Plaintiff-Appellant,
versus
BLAKE DORNING,
STEVE WATSON,
CURTIS SANDERS,
CHRIS STEPHENS,
CHARLES BERRY, et al.,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
________________________
(September 29, 2017)

Case: 16-16563

Date Filed: 09/29/2017

Page: 2 of 3

Before HULL, JORDAN and ROSENBAUM, Circuit Judges.
PER CURIAM:
Plaintiff-Appellant Steve Parton appeals the district court’s order dismissing
with prejudice his amended complaint filed pursuant to 42 U.S.C. § 1983. Parton,
who was an officer with the Madison County, Alabama Sheriff’s Department, filed
his § 1983 action after he was arrested for, and charged with, the theft of a gun that
he removed from a crime scene. The theft charge was later dismissed. Parton’s
amended complaint alleged a Fourth Amendment claim of false arrest against
thirteen officers with the Madison County Sheriff’s Department and three Alabama
district attorneys, all in their individual capacities.
The district court dismissed Parton’s claims against the sheriff’s department
defendants based on qualified immunity because the facts as alleged in the
amended complaint showed they had at least arguable probable cause to arrest
Parton for either theft or tampering with physical evidence. Among other things,
Parton’s amended complaint indicates that he gave the gun found by the fire
department in the bed of the victim’s truck to a third person and did not turn it in as
potential evidence. The district court dismissed Parton’s claims against the district
attorney defendants based on absolute immunity.

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Case: 16-16563

Date Filed: 09/29/2017

Page: 3 of 3

After careful consideration of the parties’ briefs and the record, we find no
reversible error in the district court’s June 29, 2016 order and affirm the district
court’s dismissal of Parton’s amended complaint with prejudice.
AFFIRMED.

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