Davis v. Hodgkiss, No. 20-50917 (5th Cir. 2021)
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In this consolidated civil rights action, plaintiffs filed suit alleging that defendant violated their Fourth Amendment rights by using false statements to secure a search warrant. The case arises out of a criminal investigation into plaintiffs by detectives of the Williamson County Sheriff's Office.
The Fifth Circuit reversed the district court's denial of defendant's motion for qualified immunity and concluded that defendant is entitled to summary judgment on plaintiffs' Franks claims as there was no constitutional violation. Even after setting aside the allegedly false statements at issue, the court concluded that there are similar facts set forth in the affidavit that establish probable cause to search the residence. Therefore, the court found that, with the allegedly false statements excised, the affidavit's remaining content is enough to establish probable cause.
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