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EVETT v. DETNTFF

No. 02-40686.

330 F.3d 681 (2003)

Bobby EVETT; Christina Gee; Angela Gee, Individually and in behalf of Brandon Gee, a Minor, Plaintiffs-Appellees, v. DETNTFF, Etc., et al., Defendants, Kent Graham, Nacogdoches County Sheriff; Ram Mendiola, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 12, 2003.

Attorney(s) appearing for the Case

Curtis B. Stuckey (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiffs-Appellees.

Robert Scott Davis (argued), Christi Johnson Kennedy, Flowers Davis, Tyler, TX, for Defendants-Appellants.

Before DeMOSS and STEWART, Circuit Judges, and LITTLE, District Judge.

DeMOSS, Circuit Judge:

Plaintiff-Appellee Bobby Evett ("Evett") filed a civil rights action pursuant to 42 U.S.C. § 1983 against law enforcement officers Kent Graham ("Graham") and Ramiro Mendiola ("Mendiola") for unlawful arrest. Graham and Mendiola filed motions for summary judgment based upon qualified immunity, which the district court denied as a matter of law. We affirm in part and reverse in part.

I. BACKGROUND & PROCEDURAL HISTORY

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