Wright v. East Point Police Department et al

Filing 10

ORDER adopting 7 Final Report and Recommendation, dismissing case.. Signed by Judge Thomas W. Thrash, Jr on 4/22/13. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KENNETH WRIGHT,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:12-CV-2063-TWT

EAST POINT POLICE
DEPARTMENT, et al.,
Defendants.

ORDER

This is a pro se civil rights action. It is before the Court on the Report and
Recommendation [Doc. 7] of the Magistrate Judge recommending dismissing the
action for failure to state a claim. While on patrol, City of East Point police officers
saw the Plaintiff walking down a street carrying a vacuum cleaner. They stopped and
attempted to question him. He dropped the vacuum cleaner and ran. The police gave
chase, but the Plaintiff got away. He was later arrested for theft by receiving stolen
property. As set forth in the Report and Recommendation, the Plaintiff’s Fourth
Amendment claims fail because he was able to out run the police. Thus, there was no
seizure of the Plaintiff. The police had arguable probable cause to later arrest him.
Therefore, they are entitled to qualified immunity as to his false arrest claim.
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The

Court approves and adopts the Report and Recommendation as the judgment of the
Court. This action is DISMISSED.
SO ORDERED, this 22 day of April, 2013.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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