Marrs v. Boles ( 1999 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
APR 2 1999
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JOHN H. MARRS,
Plaintiff-Appellant,
v. No. 98-3211
(D.C. No. 96-CV-1079-MLB)
SHON P. BOLES; CURTIS L. ODLE, (D. Kan.)
Defendants-Appellees.
ORDER AND JUDGMENT *
Before BRORBY , EBEL , and LUCERO , Circuit Judges.
John H. Marrs appeals the district court’s grant of summary judgment to
defendants on his civil rights claim of arrest without probable cause, filed
pursuant to 42 U.S.C. § 1983. 1
Our jurisdiction over this appeal arises under
28 U.S.C. § 1291.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
1
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
The district court concluded that defendants were entitled to summary
judgment because, on the record before it, probable cause for the arrest existed
as a matter of law and because defendants were entitled to qualified immunity.
On appeal, Mr. Marrs contends that his ultimate acquittal of the charges
demonstrates a lack of probable cause and that defendants acted unreasonably
under the circumstances. We review the district court’s grant of summary
judgment de novo. See Kaul v. Stephan , 83 F.3d 1208, 1212 (10th Cir. 1996).
After careful review of the record on appeal together with the applicable
law and the parties’ briefs on appeal, we conclude that the district court correctly
decided this case. Therefore, for substantially the same reasons contained in the
district court’s Memorandum and Order dated July 15, 1998, the judgment of the
United States District Court for the District of Kansas is AFFIRMED.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
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