Laviage v. Fite, No. 21-20678 (5th Cir. 2022)
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Plaintiff was prosecuted for knowing failure to report scrap metal transactions to the Texas Department of Public Safety, as required by state law. A jury acquitted him. Plaintiff then sued Houston Police Sergeant, claiming Defendant had provided false information that led to Plaintiff’s arrest and prosecution. The district court, concluding Defendant’s affidavit omitted material facts, denied him qualified immunity. The Fifth Circuit reversed and rendered judgment for Defendant.
The court explained that contrary to the district court’s ruling, C&D’s computer problems were not material to whether probable cause existed to suspect Plaintiff had violated the reporting provisions. By his own admission, Plaintiff did not submit approximately twenty-four required reports to DPS. Plaintiff also knew Scrap Dragon was failing to send reports to DPS. The court explained that one could reasonably believe Plaintiff knew that continuing to use the flawed system would result in reporting failures. He had been warned about the system’s deficiencies months before his arrest and yet failed to use the statutory safe haven. So, even had Defendant mentioned the Scrap Dragon glitch, his affidavit still would have shown probable cause. Thus, Plaintiff failed to allege a Fourth Amendment violation. Further, even assuming a Fourth Amendment violation, the claimed right was not clearly established at the time of the challenged conduct.
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