Davidson v. City of Stafford, Texas, No. 16-20217 (5th Cir. 2017)Annotate this Case
After plaintiff was arrested during a protest at a Planned Parenthood, he filed suit under 42 U.S.C. 1983, alleging violations of his First and Fourth Amendment rights. The district court held that individual officers were entitled to qualified immunity and that plaintiff failed to create a dispute of fact for municipal liability for the City of Stafford. The court concluded that the district court improperly granted summary judgment in favor of Officers Flagg and Jones where plaintiff was arrested without probable cause in violation of clearly established law; rejected plaintiff's claim that the City had an official policy of improperly applying Texas Penal Code 38.02 and affirmed the district court's grant of summary judgment in favor of the City on plaintiff's section 1983 municipality liability claim; concluded that the district court correctly granted summary judgment on plaintiff's claim for liability of Chief Kahn in his individual capacity where plaintiff's evidence failed to create a material dispute of fact as to deliberate indifference; and agreed with plaintiff that the district court failed to address his claims that defendants' understanding of sections 38.02 and 42.03 and plaintiff's arrest resulted in an as-applied violation of his First Amendment rights. Accordingly, the court affirmed in part, reversed in part, and remanded.