T.J. Edward Wilson, Jr. v. Gilbert Correa, No. 09-12660 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 09-12660 ________________________ ELEVENTH CIRCUIT JUNE 25, 2010 JOHN LEY CLERK D. C. Docket No. 07-22343-CV-PAS T.J. EDWARD WILSON, JR., Plaintiff-Appellee, versus GILBERT CORREA, individually, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (June 25, 2010) Before BLACK, WILSON and MARTIN, Circuit Judges. PER CURIAM: T.J. Edward Wilson sued Detective Gilbert Correa pursuant to 42 U.S.C. § 1983, alleging Correa violated Wilson s Fourth Amendment rights. Correa moved to dismiss Wilson s complaint on the basis of qualified immunity, and the district court denied Correa s motion. Correa appeals, arguing that he is entitled to qualified immunity. The district court found that, [a]t the motion to dismiss stage, Wilson has sufficiently pled facts to defeat the officers arguable reasonable suspicion . . . . This Court agrees. After considering the parties briefs and having had the benefit of oral argument, the district court s order is affirmed. AFFIRMED. 2

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