Rountree v. Dyson, No. 17-40443 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 and related state-law claims against the city and the police department after the police chief revoked plaintiff's city-issued towing permit. The revocation was based on a complaint by a competing tow company that plaintiff's state-issued licenses had lapsed. The court held that the district court acted within its discretion when it considered the city's motion before dismissing the amended complaint; plaintiff's class-of-one equal protection claim was properly dismissed where he was not treated differently than others similarly situated; and the false arrest claim was properly dismissed because plaintiff did not obey an officer's apparently lawful order to leave the site of a towed car and the officer was not objectively unreasonable in believing that he had probable cause to arrest plaintiff.