Battarbee v. Rivera ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
No. 96-10882
Summary Calendar
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LARRY BATTARBEE,
Plaintiff-Appellant,
AND
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Intervenor Plaintiff
VERSUS
FRANCISCO RIVERA, et al.,
Defendants-Appellees.
_________________________
Appeal from the United States District Court
for the Northern District of Texas
(3:95-CV-0456-P)
_________________________
April 14, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Larry Battarbee appeals a summary judgment in his 42 U.S.C.
§ 1983 action for false arrest and related claims. We have
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published except under the limited circumstances set forth
in 5TH CIR. R. 47.5.4.
reviewed the record and briefs and conclude that the district court
did not err in holding that the defendants had probable cause to
stop, search, and arrest Battarbee and that he therefore failed to
show constitutional injury. See United States v. Morris, 477 F.2d
657, 663 (5th Cir.), cert. denied, 414 U.S. 852 (1973); Wallace v.
Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir. 1996). The district
curt also did not err on the claim of excessive force. It
correctly determined that no reasonable jury could find excessive
force from the videotape and other evidence presented on summary
judgment.
AFFIRMED.
2