Gary Frakes v. Dustin Ott, et al, No. 15-20761 (5th Cir. 2016)
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Case: 15-20761 Document: 00513648368 Page: 1 Date Filed: 08/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20761 Summary Calendar GARY FRAKES, United States Court of Appeals Fifth Circuit FILED August 23, 2016 Lyle W. Cayce Clerk Plaintiff - Appellant v. CAPTAIN DUSTIN OTT; SERGEANT BILLY MASDEN, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CV-1753 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* Officer Dustin Ott responded to a car accident on Gary Frakes’s property. Frakes approached the scene of the accident, shotgun in hand. Ott drew his own weapon and called for backup. Officer Billy Masden arrived, handcuffed Frakes, searched him, and placed him in a squad car for between fifteen and thirty minutes while the officers secured the scene and investigated the Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-20761 Document: 00513648368 Page: 2 Date Filed: 08/23/2016 No. 15-20761 accident. Frakes sued Ott and Masden, alleging violations of his Fourth and Fourteenth Amendment rights. The district court entered summary judgment for the defendants on the basis of qualified immunity. We have reviewed the briefs, the applicable law, and pertinent portions of the record; no party requests oral argument. There is no reversible error, so the judgment is AFFIRMED, essentially for the reasons stated by the district court in its thorough opinions. 2
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