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Price v. Roark

Because the officer had probable cause to arrest the plaintiff on the misdemeanor charge, the officer did not violate the plaintiff's right to be free from arrest without probable cause during this first arrest.

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Summary Calendar

Appeal from the United States District Court for the Northern District of Mississippi

The goings on in Shaw, Mississippi provide the fodder for this appeal. Murry Roark, a county law enforcement officer, arrested R.C. Price, Jr., a salvager of abandoned buildings, charging him with a license tag violation and arson of an abandoned building in Shaw. The tag violation, a sore spot because of Price’s alleged history of tag violations, was admitted by Price; the arson charge was denied by Price and dropped. Price then sued Roark in state court for false arrest and malicious prosecution, claiming a violation of his Fourth Amendment rights. The case was removed to federal court where the district judge denied Roark’s claim of qualified immunity from this suit. We reverse and hold that because the arrest itself was valid based on the license tag violation, the alleged Fourth Amendment false arrest claim resting only on the charge of arson fails. Because the malicious prosecution claim, which is based on the arson charge, depends on a Fourth Amendment violation, and because Price suffered no violation of his Fourth Amendment rights as a result of his arrest or otherwise, that claim also fails. Roark is therefore entitled to qualified immunity and to have the claims against him dismissed because Price has failed to show any evidence that would establish the violation of a constitutional right.

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