The opinion
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
______________________
No. 98-10701
______________________
RONALD B. MOORE
Plaintiff-Appellant,
versus
ROBERT HARRIS, Sheriff; ET AL
Defendants,
ROBERT HARRIS, Sheriff; ERNESTO GARZA, JR., Deputy;
KAUFMAN COUNTY, TEXAS
Defendants-Appellees.
_________________________________________
Appeal from the United States District Court
for the Northern District of Texas, Dallas
(3:97-CV-1418)
_________________________________________
April 20, 1999
Before GARWOOD, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Having reviewed the briefs and the record, and concluding that the defendant deputy
had qualified immunity because there was no violation of clearly established law (see Taylor
v. Gregg, 36 F.3d 453 (5th Cir. 1994), and Hand v. Gary, 838 F.2d 1420 (5th Cir. 1988), which,
although in tension with Malley v. Briggs, 475 U.S. 335 (1986), concerning the effect to be given
a search warrant for claims against officers initiating an arrest, reflect no violation of clearly
established law); and concluding further that there is no material fact issues as to the other
claims under federal law, and that judgment as a matter of law on those claims was proper
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule
47.5.4.
against the plaintiff, the judgment is
AFFIRMED.
2