Filed: Mar. 26, 1998
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 97-50576 Summary Calendar _ TYNA SPURLOCK, Plaintiff-Appellant, versus NOBLE THOMAS FAULK; CITY OF GROESBECK, Defendants-Appellees. _ Appeal from the United States District Court for the Western District of Texas (W-96-CV-372) _ March 24, 1998 Before REAVLEY, KING and DAVIS, Circuit Judges. PER CURIAM:* The summary judgment for the City of Groesbeck is affirmed. There is no evidence that the City either formally approves or implic
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 97-50576 Summary Calendar _ TYNA SPURLOCK, Plaintiff-Appellant, versus NOBLE THOMAS FAULK; CITY OF GROESBECK, Defendants-Appellees. _ Appeal from the United States District Court for the Western District of Texas (W-96-CV-372) _ March 24, 1998 Before REAVLEY, KING and DAVIS, Circuit Judges. PER CURIAM:* The summary judgment for the City of Groesbeck is affirmed. There is no evidence that the City either formally approves or implici..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-50576
Summary Calendar
_____________________
TYNA SPURLOCK,
Plaintiff-Appellant,
versus
NOBLE THOMAS FAULK;
CITY OF GROESBECK,
Defendants-Appellees.
_______________________________________________________
Appeal from the United States District Court for
the Western District of Texas
(W-96-CV-372)
_______________________________________________________
March 24, 1998
Before REAVLEY, KING and DAVIS, Circuit Judges.
PER CURIAM:*
The summary judgment for the City of Groesbeck is affirmed.
There is no evidence that the City either formally approves or
implicitly tolerates police conduct in arresting citizens without
probable cause or abusing them in the course of investigatory
detention. Nor is there evidence of deliberate indifference in
officer training, or supervision, or the hiring of officer Faulk.
*
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this opinion should not be published and is not precedent except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.
The summary judgment for the officer, Noble Thomas Faulk, is
reversed. Whether the handcuffing was reasonably justified to
detain Spurlock and complete the investigation,1 she raised an
issue of no reasonable ground to arrest for probable cause. We
make no ruling on the state law claim but remand that to the
district court with the case.
Judgment for the City of Groesbeck is affirmed. Judgment
for Noble Thomas Faulk is reversed, and the cause against him is
remanded.
1
See United States v. Sander,
994 F.2d 200 (5th Cir.
1993).
2