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PRESLEY v. CITY OF BENBROOK

No. 92-1202.

4 F.3d 405 (1993)

Louis Earl PRESLEY, Plaintiff-Appellant, v. CITY OF BENBROOK, et al., Defendants, City of Benbrook, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1993.

Attorney(s) appearing for the Case

Donald C. Gladden, Fort Worth, TX, for plaintiff-appellant.

Bridget Robinson, Asst. Atty. Gen., Austin, TX, for State of Texas.

James T. Jeffrey, Jr., Remington & Jeffrey, Arlington, TX, for City of Benbrook.

Diane K. Shaw, Kevin J. Keith, Fowler, Wiles, Norton & Keith, Dallas, TX, for Horan and Wallace.

Before POLITZ, Chief Judge, GOLDBERG, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Louis Earl Presley was arrested because he chose not to speak to police and was mistaken for a violent suspect whom they were trying to arrest in a sexual assault case. Naturally, he sued the arresting officers and the City of Benbrook, Texas, contending, inter alia, that the officers' entry into his house and arrest violated the Fourth Amendment and that Texas Penal Code § 38.02(a), the failure to identify statute, is unconstitutional...

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