Arizmendi v. Gabbert, No. 17-40597 (5th Cir. 2019)
Annotate this CasePlaintiff filed suit against defendant, a criminal investigator, for false arrest under 42 U.S.C. 1983, alleging that defendant knowingly or recklessly misstated material facts in the affidavit in support of a warrant for the arrest of plaintiff for allegedly communicating a false report. The Fifth Circuit reversed the district court's denial of defendant's motion for summary judgment, holding that, although the validity of the arrest could not be saved by facts stated in the warrant sufficient to establish probable cause for a different charge from that sought in the warrant, defendant was entitled to qualified immunity because this was not clearly established at the time of his conduct.
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