Crow v. Pelken, et al, No. 07-40202 (5th Cir. 2008)
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No. 07-40202 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 1, 2008 No. 07-40202 Charles R. Fulbruge III Clerk ROBERT CLAYTON CROW Plaintiff - Appellant v. THERESA RELKIN; REX SPOTTEDBEAR; JOHN DOE; ROBERT BURBY; CARLOS ALCOCER; RICCI RYAN OSTERMAYER; JAMES YANAS; CITY OF TEXAS CITY, TEXAS Defendants - Appellees Appeal from the United States District Court Southern District of Texas USDC No. 3:05-CV-653 Before JONES, Chief Judge, and GARWOOD and JOLLY, Circuit Judges. PER CURIAM:* Robert Crow appeals the district court s order granting summary judgment to the Defendants and awarding Defendants their costs. This Court has considered the record in light of the briefs and oral argument, and we affirm. The evidence does not establish that all reasonable police officers would have * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-40202 found probable cause lacking under the facts of this case, and Defendants are therefore entitled to qualified immunity. Babb v. Dorman, 33 F.3d. 472, 477 (5th Cir. 1994). We likewise find no abuse of discretion in the award of costs to Defendants. The judgment of the district court is AFFIRMED. 2
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