Battarbee v. Rivera

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 96-10882 Summary Calendar _______________

LARRY BATTARBEE,

Plaintiff-Appellant,

AND

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

Intervenor Plaintiff

VERSUS

FRANCISCO RIVERA, et al.,

Defendants-Appellees.

_________________________

Appeal from the United States District Court for the Northern District of Texas (3:95-CV-0456-P) _________________________

April 14, 1997

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Larry Battarbee appeals a summary judgment in his 42 U.S.C.

§ 1983 action for false arrest and related claims. We have

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. reviewed the record and briefs and conclude that the district court

did not err in holding that the defendants had probable cause to

stop, search, and arrest Battarbee and that he therefore failed to

show constitutional injury. See United States v. Morris, 477 F.2d

657, 663 (5th Cir.), cert. denied, 414 U.S. 852 (1973); Wallace v.

Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir. 1996). The district

curt also did not err on the claim of excessive force. It

correctly determined that no reasonable jury could find excessive

force from the videotape and other evidence presented on summary

judgment.

AFFIRMED.