Opinion

Comichi v. Pethel

Court
Court of Appeals for the Fifth Circuit
Filed
Jun 23, 2026
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 41.1%

“The concept of standing in Fourth Amendment cases can be a useful shorthand for capturing the idea that a person must have a cognizable Fourth Amendment interest . . . before seeking relief” for an allegedly unconstitutional action.

How later courts described this case

  • “The concept of standing in Fourth Amendment cases can be a useful shorthand for capturing the idea that a person must have a cognizable Fourth Amendment interest . . . before seeking relief” for an allegedly unconstitutional action.
  • explaining that an arrest is justified “by showing probable cause for any crime”
  • “[R]efusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure.”

Written by the judges who cited it.

The opinion

Case: 25-10954 Document: 73-1 Page: 1 Date Filed: 06/23/2026

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

____________ Fifth Circuit

FILED

No. 25-10954 June 23, 2026

____________ Lyle W. Cayce

Clerk

E’Mann Comichi,

Plaintiff—Appellant,

versus

Officer Ingrid A. Pethel; Officer Brian S. Lord; Officer

Wesley R. Hamilton; Detective William M. Norwood,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:25-CV-512

______________________________

Before Elrod, Chief Judge, and Higginbotham and Graves, Circuit

Judges.

Per Curiam: *

Plaintiff–Appellant E’Mann Comichi attempted to stop the towing of

his nephew’s illegally parked Penske rental truck in Euless, Texas. Three

police officers arrived at the scene and, after a lengthy discussion, arrested

him. Comichi alleges numerous claims against the police officers and a

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

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No. 25-10954

detective under 42 U.S.C. § 1983, including unlawful search and seizure,

false arrest, failure to intervene, and malicious prosecution. The district

court granted Defendants–Appellees’ motion to dismiss, dismissing all

claims with prejudice on qualified immunity grounds.

We AFFIRM the district court’s dismissal of Comichi’s unlawful-

search and unlawful-seizure claims against Officers Pethel, Lord, and

Hamilton. We REVERSE only as to its dismissal of his false-arrest claim

against Officer Pethel. Based on this reversal, we must also VACATE its

dismissal of Comichi’s failure-to-intervene and malicious-prosecution claims

against Officers Lord and Hamilton, which the district court has not yet

addressed on the merits, for consideration on the merits in the first instance.

I

A

Sometime in September 2024, Comichi’s nephew parked a Penske

rental truck in a public parking lot near the Euless Dog Park before leaving

town for a vacation. Comichi’s nephew was the only renter listed on the

truck’s rental agreement, but Comichi had paid for the rental.

On September 16, 2024, police “red tagged” the truck as illegally

parked. The red tag ordered the vehicle moved by September 18. On

September 22, Officers Ingrid Pethel and Brian Lord observed the truck still

parked in the parking lot. Officer Pethel called a towing company to tow the

vehicle.

On September 22, 2024, Comichi was walking his nephew’s dog near

the dog park when he observed the Penske truck in the road, positioned

behind the tow truck. Comichi ran to the truck and sat in the driver’s seat to

prevent the tow truck operator from completing the tow. The operator

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informed Comichi that he would not release the truck unless Comichi paid a

$350 “drop fee.”

Comichi called the police. Officer Wesley Hamilton arrived, and

Comichi informed him that, because the Penske truck was not completely

hooked up to the tow truck, he was entitled to reclaim it. Officer Hamilton

told Comichi that, if the Penske truck was already hooked up to the tow truck,

his act of entering the truck and preventing the tow was “obstructing.”

The tow truck operator asked Comichi to roll the driver window up so

that he could show him the red tag. Officer Hamilton then asked Comichi to

step out of the truck so that he could see the language on the red tag, and

Comichi began to raise his voice at Officer Hamilton and object that this was

not a criminal matter. Officer Hamilton told Comichi, “Look, but now

you’re obstructing the police. This [the red tag] is a police notice.” Comichi

protested but ultimately complied, stepping out of the truck and reading the

information on the red tag aloud.

Comichi fervently continued to assert that the truck had not been fully

hooked up to the tow truck. Officer Hamilton told Comichi to “chill out,”

and Comichi apologized. The tow truck operator then stated: “He’s right, I

was not 100% connected to it, I had moved [the Penske truck] from its spot

to connect to it, and he got me as I was backing up.” The operator again

offered for Comichi to pay the drop fee to reclaim the truck, and Comichi

refused. The operator explained that he had already picked up the truck from

its original parked location and that the tow was already in progress.

During this interaction, Officer Hamilton radioed for other officers to

“come down here.” Officers Pethel and Lord arrived at the scene. Officer

Pethel asked Comichi to move out of the roadway, and the group moved

toward the side of the road.

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Officer Pethel then informed Comichi that she would pat him down

to check for weapons. She took his arm and moved him to the sidewalk,

instructing him on how to stand for the pat-down, and he complied. Comichi

alleges that the pat-down included touching his genitals and searching his

pockets. Officers Lord and Hamilton watched Officer Pethel pat Comichi

down.

After the pat-down, Officer Pethel asked Comichi for his name several

times while Comichi explained his view of the incident to her. He declined

to give his name but continued speaking with her. Officer Pethel offered

Comichi the option to pay a drop fee to reclaim the truck, and he declined.

After explaining that the truck had been abandoned pursuant to the relevant

city ordinance, Officer Pethel informed Comichi that the truck would be

towed. Comichi then acquiesced and began to walk away.

Officer Pethel asked Comichi to give her his name before he left.

Comichi again refused to identify himself. Officer Pethel replied: “I spoke

with you, and you were detained, so you need to give me your name. And

I’m not going to make it super difficult for you; I’m making it very easy for

you. You are going to give me your name, or else you’re under arrest.”

Comichi stated that he would let the officers arrest him, and Officer Pethel

responded: “No, how about you make it much simpler and just give me your

name so that I don’t have to take you to jail for this.” Comichi said nothing

and placed his hands behind his back to be handcuffed.

Officer Pethel again asked for his name, but Comichi did not respond.

She handcuffed Comichi and stated that he was under arrest. She escorted

him to her vehicle, searched his person, and removed his personal belongings.

After the squad cars departed, the tow truck operator towed the Penske truck

pursuant to officer instruction.

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Officer Pethel transported Comichi to the Hurst Jail, where he

continued to refuse to identify himself. He was charged with Interference

with Public Duties and Failure to Identify. Two days later, while Comichi

was still in custody, Detective William Norwood reviewed the incident and

requested to drop the Interference with Public Duties charge. Comichi spent

forty-five hours at the jail before his release. The Failure to Identify charge

was later dropped.

B

Comichi sued Officers Pethel, Lord, and Hamilton and Detective

Norwood, the tow truck company, and the tow truck operator. 1 He alleges

claims under 42 U.S.C. § 1983 for: (1) false arrest; (2) unlawful search; and

(3) unlawful search and seizure incident to unlawful arrest; (4) failure to

intervene; (5) unlawful seizure of the truck; and (6) malicious prosecution. 2

Defendants–Appellees moved to dismiss under Fed. R. Civ. P.

12(b)(6), asserting qualified immunity. The district court granted the motion

and dismissed all claims with prejudice. Comichi timely appealed.

II

We review a “motion to dismiss granted on the basis of qualified

immunity” de novo, “accepting all well-pleaded facts as true and drawing all

inferences in favor of the plaintiff.” T.O. v. Fort Bend Indep. Sch. Dist., 2

F.4th 407, 413 (5th Cir. 2021). We do not accept “[c]onclusory allegations,

_____________________

1

The tow truck company and tow truck operator originally were parties to this

appeal. After oral argument, Comichi moved unopposed under Fed. R. App. P. 42(b) for

partial dismissal of the appeal as to the claims against these two parties, and we granted the

motion.

2

Comichi attached Officers Lord and Hamilton’s body camera video and a portion

of the police report to the complaint.

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unwarranted factual inferences, or legal conclusions” as true. Santander v.

Salazar, 133 F.4th 471, 477 (5th Cir. 2025) (alteration in original) (quoting

Hodge v. Engleman, 90 F.4th 840, 843 (5th Cir. 2024)). When the pleadings

incorporate video evidence, as they do here, “the video depictions of events,

viewed in the light most favorable to the plaintiff, should be adopted over the

factual allegations in the complaint if the video ‘blatantly contradict[s]’ those

allegations.” Harmon v. City of Arlington, 16 F.4th 1159, 1163 (5th Cir. 2021)

(alteration in original) (quoting Scott v. Harris, 550 U.S. 372, 380 (2007)).

Qualified immunity involves two inquiries: first, whether the officer

violated a constitutional right; and second, whether that right “was ‘clearly

established’ at the time of [the] alleged misconduct.” Morrow v. Meachum,

917 F.3d 870, 874 (5th Cir. 2019) (alteration in original) (quoting Pearson v.

Callahan, 555 U.S. 223, 232 (2009)). When a defendant asserts qualified

immunity, the burden shifts to the plaintiff to show that the defense does not

apply. Kovacic v. Villarreal, 628 F.3d 209, 211 (5th Cir. 2010). Qualified

immunity “protects ‘all but the plainly incompetent or those who knowingly

violate the law,’ so we do not deny immunity unless ‘existing precedent must

have placed the statutory or constitutional question beyond debate.’” Morgan

v. Swanson, 659 F.3d 359, 371 (5th Cir. 2011) (emphasis in original) (first

quoting Malley v. Briggs, 475 U.S. 335, 341 (1986); and then quoting Ashcroft

v. al-Kidd, 563 U.S. 731, 741 (2011)).

III

Comichi’s claims primarily concern his interactions with Officer

Pethel, the arresting officer. We address these claims first and then turn to

the claims involving the other Defendants–Appellees.

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A

First, Comichi contends that Officer Pethel unlawfully searched him

We disagree, concluding that Officer Pethel is entitled to qualified immunity

on this claim.

Under Terry v. Ohio, 392 U.S. 1 (1968), an officer may detain a person

for investigative purposes if he or she has reasonable suspicion that criminal

activity is afoot. United States v. Hill, 752 F.3d 1029, 1033 (5th Cir. 2014).

Whether reasonable suspicion exists is an objective question that considers

the totality of the circumstances. United States v. Silva, 957 F.2d 157, 160

(5th Cir. 1992). The officer must “point to specific and articulable facts

which, taken together with rational inferences from those facts, reasonably

warrant” the detention. Terry, 392 U.S. at 21. “Officers develop reasonable

suspicion through commonsense judgments and inferences about human

behavior.” United States v. Larremore, 150 F.4th 463, 474 (5th Cir. 2025)

(citing Illinois v. Wardlow, 528 U.S. 119, 125 (2000)). “Observations capable

of innocent explanation when considered alone might rise to the level of

reasonable suspicion in the aggregate.” United States v. McKinney, 980 F.3d

485, 491 (5th Cir. 2020) (citing United States v. Arvizu, 534 U.S. 266, 277–78

(2002)).

If an officer reasonably believes that an individual is “armed and

presently dangerous to the officer[ ] or to others, [he or she] may conduct a

limited protective search for concealed weapons”—called a “frisk.” United

States v. Darrell, 945 F.3d 929, 932 (5th Cir. 2019) (quoting United States v.

Rideau, 969 F.2d 1572, 1574 (5th Cir. 1992) (en banc)). “[I]n order to ensure

their safety during the stop, police may frisk the subject for weapons that they

reasonably suspect he may carry.” United States v. Thomas, 997 F.3d 603,

614 (5th Cir. 2021) (quoting United States v. Scroggins, 599 F.3d 433, 441 (5th

Cir. 2010)). Officers may take steps that are “reasonably necessary to protect

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their personal safety and to maintain the status quo during the course of the

stop.” United States v. Hensley, 469 U.S. 221, 235 (1985). The standard is

whether a reasonably prudent officer could believe, based on specific and

articulable facts, that his or her actions were appropriate. See Rideau, 969

F.2d at 1574.

Comichi has failed to plead facts demonstrating that he was unlawfully

searched during Officer Pethel’s pat-down. Officer Pethel arrived at the

scene after Officer Hamilton called for backup. As she approached, Comichi,

Officer Hamilton, and the tow truck operator were engaged in an argument

in the middle of the road. Comichi spoke in a raised voice. Officer Pethel

instructed Comichi to move to the side of the road for his safety, gesturing

for him to walk to the back of the Penske truck. Comichi disregarded her

direction and walked in the opposite direction to stand between the tow truck

and the Penske truck. Officer Pethel then told Comichi to step fully onto the

sidewalk. Comichi followed her directions, but he protested and maintained

a heated tone while moving back and forth.

In light of these facts, we cannot say Officer Pethel acted unreasonably

in frisking Comichi’s outer clothing for weapons out of concern for officer

safety. See United States v. Ducksworth, 168 F.4th 764, 770 (5th Cir. 2026)

(collecting cases holding that nervous, erratic behavior created reasonable

suspicion for an officer to conduct a pat-down). Comichi has therefore failed

to meet his prong-one burden of pleading facts indicating that Officer

Pethel’s pat-down lacked reasonable suspicion and thereby violated a

constitutional right. See Morrow, 917 F.3d at 874. We thus conclude that

Officer Pethel is entitled to qualified immunity on this claim.

B

Comichi asserts that Officer Pethel violated his Fourth Amendment

rights when she arrested him without probable cause. We agree, concluding

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that Officer Pethel is not entitled to qualified immunity on Comichi’s false-

arrest claim.

To prevail on a false-arrest claim, “a plaintiff must show that he was

arrested without probable cause.” Parm v. Shumate, 513 F.3d 135, 142 (5th

Cir. 2007). “Probable cause exists when the totality of facts and

circumstances within a police officer’s knowledge at the moment of arrest are

sufficient for a reasonable person to conclude that the suspect had committed

or was committing an offense.” Resendiz v. Miller, 203 F.3d 902, 903 (5th

Cir. 2000). “[I]f a reasonable officer could have concluded that there was

probable cause upon the facts then available to him, qualified immunity will

apply.” Brown v. Lyford, 243 F.3d 185, 190 (5th Cir. 2001). “If there was

probable cause for any of the charges made . . . then the arrest was supported

by probable cause, and the claim for false arrest fails.” Wells v. Bonner,

45 F.3d 90, 95 (5th Cir. 1995) (emphasis removed); Voss v. Goode, 954 F.3d

234, 238 (5th Cir. 2020) (explaining that an arrest is justified “by showing

probable cause for any crime”). This is because false-arrest claims do not

focus “on the validity of each individual charge” but rather “on the validity

of the arrest.” Wells, 45 F.3d at 95.

Thus, to determine whether Officer Pethel falsely arrested Comichi,

we must consider whether she had probable cause for at least one of the

charges against him: Failure to Identify and Interference with Public Duties.

We consider each charge in turn, concluding that probable cause did not exist

for either charge.

1

In Texas, “[a] person commits an offense if he intentionally refuses to

give his name . . . to a peace officer who has lawfully arrested the person and

requested the information.” Tex. Penal Code § 38.02(a) (emphasis

added). But we have long recognized that “police cannot arrest an individual

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solely for refusing to provide identification.” Turner v. Driver, 848 F.3d 678,

695 (5th Cir. 2017) (emphasis added); Florida v. Bostick, 501 U.S. 429, 437

(1991) (“[R]efusal to cooperate, without more, does not furnish the minimal

level of objective justification needed for a detention or seizure.”).

Although Comichi alleges in his complaint that his arrest lacked

probable cause, we need not take this legal conclusion as true. See Santander,

133 F.4th at 481. Nonetheless, the bodycam footage supports his allegations.

As shown in the bodycam footage, Officer Pethel arrived at the scene

when Comichi was standing outside the truck in the street with Officer

Hamilton and the tow truck operator. She directed Comichi to move to the

side of the road, and he complied. Comichi described the situation to her,

amidst which Officer Pethel repeatedly asked for his name, and he ignored

her. Officer Pethel offered Comichi the option to pay a drop fee to reclaim

the Penske truck, and he declined, prompting her to inform him that the truck

would be towed.

Comichi turned to walk away. Officer Pethel then stated: “Let me get

your name before you leave.” Drawing inferences Comichi’s favor, this

statement suggests that Officer Pethel recognized that his detention had

ended. Comichi responded that he would not give his name. Officer Pethel

then escalated the encounter, saying: “I spoke with you, and you were

detained, so you need to give me your name. And I’m not going to make it

super difficult for you; I’m making it very easy for you. You are going to give

me your name, or else you’re under arrest.” When Comichi still refused,

saying he would not answer questions, she told him a third time: “How about

you make it much simpler and just give me your name so that I don’t have to

take you to jail for this.” When Comichi declined to respond, Officer Pethel

handcuffed him and told him that he was under arrest.

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Viewed in the light most favorable to Comichi, the bodycam footage

shows that Officer Pethel arrested Comichi because he refused to identify

himself—not because he was actively interfering with public duties. And

based on the facts available to Officer Pethel at the scene, we are satisfied that

no reasonable officer “could have concluded that there was probable cause”

for a Failure to Identify charge. Brown, 243 F.3d at 190.

2

But because Comichi was also charged with Interference with Public

Duties, we must ask whether probable cause existed for this charge, as well,

in order to determine whether his arrest was valid. 3 See Wells, 45 F.3d at 95.

Probable cause did not exist.

A person commits Interference with Public Duties when he “with

criminal negligence interrupts, disrupts, impedes, or otherwise interferes

with . . . a peace officer while the peace officer is performing a duty or

exercising authority imposed or granted by law.” Tex. Penal Code

§ 38.15(a)(1). “[A] person’s interference must consist of more than speech

alone.” Voss, 954 F.3d at 239. For example, we have found probable cause

for Interference with Public Duties when a person fails to abide by officer

instructions pertaining to physical conduct. Childers v. Iglesias, 848 F.3d 412,

415 (5th Cir. 2017). But “‘merely arguing with police officers about the

propriety of their conduct’ . . . does not constitute probable cause to arrest

someone for interference.” Voss, 954 F.3d at 239 (quoting Freeman v. Gore,

483 F.3d 404, 414 (5th Cir. 2007)).

_____________________

3

The district court reasoned that, because Comichi had no legal right to interrupt

the tow under the language of the relevant municipal ordinance, the officers had probable

cause to arrest him for Interference with Public Duties. It assumed, without analyzing, that

Comichi’s “entering of the vehicle and subsequent actions” qualified as interruption,

disruption, or interference under the statute.

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Viewed in the light most favorable to Comichi, the bodycam footage

shows that Comichi was not interfering with public duties at the time of his

arrest. He did not fail to abide by officer instructions as to his physical

conduct. See Childers, 848 F.3d at 415. He followed Officer Hamilton’s

instruction to get out of the Penske truck prior to Officer Pethel’s arrival.

And when Officer Pethel asked him to step out of the road, he did so readily.

He then complied with Officer Pethel’s instructions regarding how to stand

during the pat-down and continued standing with the officers as they

dialogued about the situation. He only began to walk away when he learned

the truck would be towed and believed that the encounter had ended.

Comichi’s only noncompliance was verbal noncompliance: arguing

about the propriety of the tow and the officers’ conduct and negotiating

whether he should have to pay a drop fee. And the bodycam footage shows

that Officer Pethel affirmatively engaged in mutual negotiation. Comichi’s

verbal noncompliance was insufficient to support a finding of probable cause

for an Interference with Public Duties charge. See Voss, 954 F.3d at 239.

3

In sum: viewing the allegations in the complaint and the bodycam

footage in the light most favorable to Comichi, Officer Pethel lacked probable

cause to arrest Comichi for both Failure to Identify 4 and Interference with

Public Duties. “[I]t is beyond question that [it is] a clearly established

constitutional right to be free from arrest absent an arrest warrant or probable

cause.” Freeman, 483 F.3d at 411; see Turner, 848 F.3d at 695. Consequently,

_____________________

4

The district court reasoned that the officers had probable cause to charge Comichi

with Failure to Identify because he refused to identify himself after he already had been

arrested for Interference with Public Duties. This conclusion disregards the numerous

facts that support Comichi’s position and draws inferences in favor of the defendants,

which the court may not do at the motion-to-dismiss stage. See T.O., 2 F.4th at 413.

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Comichi has met his burden of showing that Officer Pethel is not entitled to

qualified immunity on his false-arrest claim. See Kovacic, 628 F.3d at 211.

The district therefore court erred in dismissing this claim.

C

Next, Comichi asserts that Officers Pethel, Lord, and Hamilton

unlawfully seized the Penske truck, in violation of his Fourth Amendment

rights. The district court did not err in dismissing this claim.

To state a claim under § 1983, a plaintiff “must allege that a defendant

deprived [him] of a federal right and that the defendant acted under color of

state or territorial law.” Degenhardt v. Bintliff, 117 F.4th 747, 752 (5th Cir.

2024). Whether the plaintiff was deprived of a federal right depends in part

on whether he has Fourth Amendment standing to bring his claim. Byrd v.

United States, 584 U.S. 395, 410 (2018) (“The concept of standing in Fourth

Amendment cases can be a useful shorthand for capturing the idea that a

person must have a cognizable Fourth Amendment interest . . . before

seeking relief” for an allegedly unconstitutional action.).

To have Fourth Amendment standing to challenge a search or seizure,

a plaintiff must establish: (1) “an actual, subjective expectation of privacy

with respect to the place being searched or items being seized”; and (2) that

“that expectation of privacy is one which society would recognize as

[objectively] reasonable.” United States v. Wise, 877 F.3d 209, 218 (5th Cir.

2017) (alteration in original) (quoting United States v. Riazco, 91 F.3d 752, 754

(5th Cir. 1996)). He must also establish that he “had a possessory interest in

the personal property” and that he “took normal precautions to maintain

that expectation of privacy.” United States v. Gaulden, 73 F.4th 390, 393 (5th

Cir. 2023) (quoting United States v. Runyan, 275 F.3d 449, 457–58 (5th Cir.

2001)).

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Comichi lacks Fourth Amendment standing to challenge the seizure

of the Penske truck. Although he is not listed on the rental agreement,

Comichi alleges that his nephew expressly authorized him to access and use

the truck and that he paid for the rental. It is true, as Comichi asserts, that

“the mere fact that a driver in lawful possession or control of a rental car is

not listed on the rental agreement will not defeat his or her otherwise

reasonable expectation of privacy.” Byrd, 584 U.S. at 411. But the truck had

been red-tagged as abandoned several days before Officer Pethel ordered it

towed. Accordingly, even if Comichi had a possessory interest in the truck

at the time of the incident, and even assuming that he therefore had some

expectation of privacy with respect to the truck, he left the truck illegally

parked long enough for it to be considered abandoned under municipal

ordinance. Thus, he has not plausibly pleaded facts indicating that he “took

normal precautions to maintain an expectation of privacy” in the truck.

Gaulden, 73 F.4th at 393. He therefore has not established Fourth

Amendment standing to bring his unlawful-seizure claim, and the district

court did not err in dismissing it.

D

Last, Comichi contends that Officers Lord and Hamilton failed to

intervene when Officer Pethel violated his constitutional rights. 5 He also

asserts malicious-prosecution claims against Officers Pethel, Lord, and

Detective Norwood.

Because the district court dismissed the false-arrest and unlawful-

search-and-seizure claims on which Comichi’s failure-to-intervene and

_____________________

5

Having determined that Comichi has failed to sufficiently allege an unlawful-

search claim, see supra § III(A), we address the officers’ liability for failure to intervene

only as to the false-arrest claim.

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malicious-prosecution claims are predicated, it did not consider the merits of

these two claims. We, on the other hand, have concluded that Comichi’s

false-arrest claim can proceed. See supra § III(B). Accordingly, we must

consider how to dispose of these claims.

We are “a court of review, not first view.” Stringer v. Town of

Jonesboro, 986 F.3d 502, 509 (5th Cir. 2021) (quoting Cruson v. Jackson Nat’l

Life Ins. Co., 954 F.3d 240, 249 n.7 (5th Cir. 2020)). It would therefore be

improper to address the merits of these claims for the first time on appeal.

Cruson, 954 F.3d at 249 n.7. We therefore vacate the district court’s

dismissal of these claims and remand for the court to consider them in the

first instance. 6 We express no opinion as to whether these claims will survive

a qualified-immunity challenge on remand.

IV

For the foregoing reasons, we AFFIRM the district court’s dismissal

of Comichi’s unlawful-search and unlawful-seizure claims against Officers

Pethel, Lord, and Hamilton. We REVERSE only as to its dismissal of his

false-arrest claim against Officer Pethel. Based on this reversal, we also

VACATE its dismissal of Comichi’s failure-to-intervene and malicious-

prosecution claims against Officers Lord and Hamilton for consideration on

_____________________

6

On remand, the district court should consider the malicious-prosecution claim in

light of the Supreme Court’s decision in Chiaverini v. City of Napoleon, 602 U.S. 556, 563

(2024) (“So if an invalid charge—say, one fabricated by police officers—causes a detention

either to start or to continue, then the Fourth Amendment is violated. And that is so even

when a valid charge has also been brought . . . . [T]he bringing of one valid charge in a

criminal proceeding should not categorically preclude a claim based on the Fourth

Amendment.”).

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the merits in the first instance. We REMAND for proceedings not

inconsistent with this opinion.

16

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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