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COLLIER v. MONTGOMERY

No. 08-30665.

569 F.3d 214 (2009)

Rodney Michael COLLIER; Sarah Elizabeth Collier, Plaintiffs-Appellees, v. Perry Greg MONTGOMERY, Individually; Glenn Paul Sproles, Individually; Rodney D. Harris, Individually; Ken Michael Halphen, Individually, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 20, 2009.

Attorney(s) appearing for the Case

Fred H. Sutherland (argued), Beard & Sutherland, Shreveport, LA, for the Colliers.

Kenneth E. Mascagni (argued), James Richard Sterritt, Cook, Yancey, King & Galloway, Shreveport, LA, for Defendants-Appellants.

Before GARWOOD, OWEN and HAYNES, Circuit Judges.

OWEN, Circuit Judge:

Officers Perry Greg Montgomery, Glenn Paul Sproles, Rodney D. Harris, and Ken Michael Halphen appeal the district court's denial of their summary judgment motion based on qualified immunity. We reverse and render.

I

Harris, a Bossier City officer working on the Seat Belt Task Force, saw Rodney Collier driving a pickup truck with the seatbelt not extending forward and across Collier's shoulder as required by Louisiana law. Harris...

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