Greenlee v. Allred ( 2005 )

  •                                                         United States Court of Appeals
                                                                     Fifth Circuit
                                                                  F I L E D
                        UNITED STATES COURT OF APPEALS
                                 FIFTH CIRCUIT                    March 10, 2005
                                                              Charles R. Fulbruge III
                                 No. 04-20414
                               Summary Calendar
                                AARON GREENLEE,
                      DEAN DARREN ALLREAD, Etc.; ET AL.,
             DEAN DARREN ALLRED, individually and in his official
                 capacity as Deputy Sheriff for Harris County,
                 Appeal from the United States District Court
                      for the Southern District of Texas
    Before JONES, BARKSDALE, and PRADO, Circuit Judges.
         Dean Darren Allred, a former deputy sheriff for Harris County,
    Texas, pursues this interlocutory appeal from the denial of his
    qualified immunity claim for a false arrest claim brought pursuant
    to 42 U.S.C. § 1983 by Aaron Greenlee.        We have jurisdiction to
    determine, as a matter of law, whether a defendant is entitled to
    qualified immunity, after accepting all of the plaintiff’s factual
           Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    allegations as true, by determining whether those facts show, inter
    alia, that the defendant’s conduct was objectively reasonable under
    clearly established law at the time of the conduct.                 E.g., Kinney
    v. Weaver, 
    367 F.3d 337
    , 346-50 (5th Cir. 2004) (en banc).                    (We
    need not reach whether Allred reasonably relied on the field test
    he conducted to determine probable cause.)
         The   district    court   ruled       that,   based    upon    our   court’s
    precedent, the arrest could not be supported by the probable cause
    that existed for the traffic violations discovered by Allred before
    and during his stop of Greenlee’s vehicle.                 The Supreme Court’s
    decision in Devenpeck v. Alford, 
    125 S. Ct. 588
    , 593-95 (2004),
    abrogates our court’s rule that the uncharged offense establishing
    probable cause be related to, and based upon the same conduct as,
    the offense identified by the arresting officer at the time of the
    arrest, see Trejo v. Perez, 
    693 F.2d 482
    , 485-86 (5th Cir. 1982),
    or given by the officer at booking, see Gassner v. City of Garland,
    864 F.2d 394
    , 398 (5th Cir. 1989).
         Accordingly, we VACATE the district court’s determinations in
    regard to Allred’s summary judgment motion based upon qualified
    immunity     and   REMAND   the   case      to     the   district    court    for
    consideration in the light of the Supreme Court’s recent opinion in
    Devenpeck.    (On remand, should the district court continue to deny
    qualified immunity and should Allred pursue another interlocutory
    appeal, the field-test issue not reached in this opinion will be
    subject to our review, should Allred again present it.)
                                              VACATED AND REMANDED