Malissa L. Brown v. Bill Smith
This text of Malissa L. Brown v. Bill Smith (Malissa L. Brown v. Bill Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 08-15936 ELEVENTH CIRCUIT APRIL 14, 2009 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK
D. C. Docket No. 07-00069-CV-2
MALISSA L. BROWN,
Plaintiff-Appellee,
versus
CHARLES BYERLY, Individually and in his Official Capacity as Deputy Sheriff for Camden County, Georgia,
Defendant-Appellant.
________________________
Appeal from the United States District Court for the Southern District of Georgia _________________________
(April 14, 2009)
Before DUBINA, BLACK and PRYOR, Circuit Judges.
PER CURIAM: Charles Byerly appeals the district court’s denial of his motion to dismiss
based on the defense of qualified immunity. On appeal, Byerly argues the district
court should have granted his motion for the following reasons: (1) he was acting
within the scope of his discretionary authority, (2) the complaint does not establish
a constitutional violation because Appellee Malissa Brown was arrested pursuant
to a valid warrant, and (3) he did not violate a clearly established law. After de
novo review, we conclude the district court did not err in denying Byerly’s motion
to dismiss based on the defense of qualified immunity.
AFFIRMED.
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