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MELTON v. PHILLIPS

No. 15-10604.

875 F.3d 256 (2017)

Michael David MELTON, Plaintiff-Appellee, v. Kelly D. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 13, 2017.

Attorney(s) appearing for the Case

Jason Andrew Duff , Law Office of Jason Duff, Greenville, TX, for Plaintiff-Appellee.

Robert Scott Davis, Esq. , Flowers Davis, P.L.L.C., David Ryan Herring Iglesias , Iglesias Law Firm, P.L.L.C., Tyler, TX, for Defendant-Appellant.

JENNIFER WALKER ELROD, Circuit Judge, joined by STEWART, Chief Judge, JOLLY, JONES, SMITH, CLEMENT, PRADO, OWEN, SOUTHWICK, HAYNES, and HIGGINSON, Circuit Judges:

Michael David Melton alleges that he was arrested in violation of the Fourth Amendment for an assault committed by another man with the same first and last names. He seeks to hold Deputy Kelly Phillips, who took the original incident report, liable for his arrest under 42 U.S.C. § 1983. Deputy Phillips moved for summary judgment in district court, asserting the defense of qualified immunity. The district court determined that...

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