Tawanna Brown v. Dillard's, Inc.

Eleventh Circuit

Tawanna Brown v. Dillard's, Inc.

170 F. App'x 99

CourtCourt of Appeals for the Eleventh Circuit

DecidedMarch 7, 2006

Docket04-16279; D.C. Docket 03-61080-CV-CMA

StatusUnpublished

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This text of 170 F. App'x 99 (Tawanna Brown v. Dillard's, Inc.) 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.

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Tawanna Brown v. Dillard's, Inc., 170 F. App'x 99 (11th Cir. 2006).

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Opinion

PER CURIAM:

Tawanna Brown appeals from an adverse summary judgment in her suit against the City of Fort Lauderdale, Police Officers Martin Lenihan and Colin Cowderoy, and Dillard’s, Inc. claiming false arrest for shoplifting at Dillard’s. We have reviewed the record and considered the oral argument of the parties and find no reversible error.

Summary judgment is appropriate if the evidence before the court shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In making this determination, the court must view all evidence and make all reasonable inferences in favor of the party opposing summary judgment. Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir.1995). On motion for *100 summary judgment, a non-moving party must “go beyond the pleadings and by [its] own affidavits or by ‘depositions, answers to interrogatories, and admissions on file’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). The district court determined that Brown had failed to establish that there was a material issue of fact regarding the existence of probable cause to arrest in this case. The record supports that determination. The existence of probable cause to arrest defeats any claim of false arrest.

AFFIRMED.

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PER CURIAM:

Tawanna Brown appeals from an adverse summary judgment in her suit against the City of Fort Lauderdale, Police Officers Martin Lenihan and Colin Cowderoy, and Dillard’s, Inc. claiming false arrest for shoplifting at Dillard’s. We have reviewed the record and considered the oral argument of the parties and find no reversible error.

Summary judgment is appropriate if the evidence before the court shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In making this determination, the court must view all evidence and make all reasonable inferences in favor of the party opposing summary judgment. Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir.1995). On motion for *100 summary judgment, a non-moving party must “go beyond the pleadings and by [its] own affidavits or by ‘depositions, answers to interrogatories, and admissions on file’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). The district court determined that Brown had failed to establish that there was a material issue of fact regarding the existence of probable cause to arrest in this case. The record supports that determination. The existence of probable cause to arrest defeats any claim of false arrest.

AFFIRMED.

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170 F. App'x 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tawanna-brown-v-dillards-inc-ca11-2006.

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