VANCE v. NUNNERY

No. 97-30312.

137 F.3d 270 (1998)

Michael Wayne VANCE, Plaintiff-Appellee, v. R. NUNNERY, Individually & in his official capacity, et al., Defendants, R. Nunnery, Individually & in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 16, 1998.


Attorney(s) appearing for the Case

Mary E. Winchell, Bodenheimer, Jones & Szwak, Shreveport, LA, for Plaintiff-Appellee.

Kenneth E. Mascagni, Cook, Yancey, King & Galloway, Shreveport, LA, for Defendant-Appellant.

Before WIENER, EMILIO M. GARZA and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

The plaintiff, Michael W. Vance, brought suit under Section 1983 against Detective R. Nunnery for the alleged violation of his Fourth Amendment rights. Vance claimed that Nunnery possessed conclusive proof of his innocence for a burglary occurring on April 5, 1995, but nevertheless arrested him for that crime. After discovery, Nunnery moved for summary judgment on the basis of qualified immunity. The district court denied this motion. On...

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