Jeremy Newton v. Tim Ray , 253 F. App'x 879 ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
_______________________ NOV 08, 2007
THOMAS K. KAHN
No. 07-12820 CLERK
Non-Argument Calendar
_______________________
D. C. Docket No. 06-02315-CV-3-IPJ
JEREMY NEWTON,
Plaintiff-Appellee,
versus
TIM RAY,
Defendant-Appellant.
_________________________
Appeal from the United States District Court for the
Northern District of Alabama
___________________________
(November 8, 2007)
Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.
PER CURIAM:
In this action for money damages brought under 42 U.S.C. § 1983, the
plaintiff alleges that the defendant, a deputy sheriff, arrested him without probable
cause in violation of the Fourth and Fourteenth Amendments. The defendant
moved the district court to dismiss plaintiff’s amended complaint on the ground
that he is entitled to qualified immunity. The court denied his motion in a one-line
order, which simply stated that after considering the pleadings, the court was of
the opinion that the motion was "due to be denied."
The defendant now appeals. We vacate the district court’s order and remand
the case to enable the district court to "render a reasoned decision on the qualified
immunity issue." See Danley v. Allen, 480 F.3d 1090 (11th Cir. 2007).
VACATED and REMANDED.
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