Barry Carter v. S. Khan


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00572-JCC-JFA. Copies to all parties and the district court. [1000126387]. [15-2516]

Download PDF
Appeal: 15-2516 Doc: 46 Filed: 07/27/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2516 BARRY CARTER, Plaintiff - Appellant, v. OFFICER S. KHAN, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:15-cv-00572-JCC-JFA) Submitted: June 30, 2017 Decided: July 27, 2017 Before MOTZ, KING, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Donald F. Rosendorf, LAW OFFICE OF DONALD F. ROSENDORF, Alexandria, Virginia, for Appellant. Julia B. Judkins, BANCROFT, MCGAVIN, HORVATH & JUDKINS, P.C., Fairfax, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-2516 Doc: 46 Filed: 07/27/2017 Pg: 2 of 2 PER CURIAM: Barry Carter appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2012) complaint. We have reviewed the record and find no reversible error. We affirm the decision of the district court for the reasons stated with respect to the existence of probable cause to arrest Carter for the equipment violation and with respect to its holding that the defendant was entitled to qualified immunity on Carter’s use of force claim due to the absence of clearly established law. Carter v. Kahn, No. 1:15-cv-00572JCC-JFA (E.D. Va. Nov. 4, 2015). We express no opinion on the district court’s finding with respect to the existence of probable cause to arrest Carter for obstruction of justice or with respect to the conclusion that the use of force was objectively reasonable. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?