Childers v. Iglesias, No. 16-10442 (5th Cir. 2017)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983 against Parker County Deputy Sheriffs Hollis and Iglesias, alleging that the deputies arrested him without probable cause in violation of his Fourth Amendment rights. The district court granted the deputies' motion to dismiss based on qualified immunity. Defendant was arrested for interfering with an officers' duties after he refused to follow the deputies' orders to move his truck. The court explained that Texas courts have found that failure to comply with an officer's instructions under similar circumstances violates Texas Penal Code 38.15 and is not protected speech. In Haggerty v. Tex. S. Univ., the court has held that failure to comply with a police officer’s instruction to stand back is not protected speech and gives the officer probable cause to arrest under Texas Penal Code 38.15. Therefore, based on this precedent, the court concluded that a reasonable officer could have believed that there was a fair probability that plaintiff violated Texas Penal Code 38.15 by failing to comply with Iglesias' instruction to move the truck. Accordingly, the court affirmed the judgment.