The opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10423
(Summary Calendar)
PATRICIA JOHNSON,
Plaintiff-Appellant,
versus
JAMES DAVENPORT,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
(3:98-CV-2227-R)
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November 20, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Patricia Johnson appeals from the district
court's grant of summary judgment in favor of Defendant-Appellant
James Davenport based on qualified immunity. After a de novo
review of the record, we affirm.
We first note that Johnson has briefed only her claim for
illegal arrest. Therefore we do not address the district court's
adverse summary judgment on her claims for malicious prosecution
and abuse of process. See Yohey v. Collins, 985 F.2d 222, 224-25
(5th Cir. 1993).
*
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that this opinion should not be published and is not precedent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 5th Cir.
R. 47.5.4.
Johnson argues that her Fourth Amendment right to a reasonable
expectation of privacy in her home did not require her to wake her
husband so that Davenport could serve a civil citation. She
further argues that Davenport lacked probable cause to seek her
arrest under Texas Penal Code § 38.16. We find that although
Johnson may have alleged a violation of a clearly established
constitutional right, a reasonable officer could have believed that
the arrest was lawful under the circumstances. See Hunter v.
Bryant, 502 U.S. 224, 227 (1991); Anderson v. Creighton, 483 U.S.
635, 640 (1987).
Accordingly, the district court's judgment is
AFFIRMED.
2