Malissa L. Brown v. Bill Smith

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[DO NOT PUBLISH]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.