Opinion

Rippstein v. Barr

  • 261 F. App'x 641
Court
Court of Appeals for the Fifth Circuit
Filed
Dec 21, 2007
Status
Unpublished
Author
Dennis
On the bench
DeMOSS, Dennis, Owen, Per Curiam
Cited by
0 cases

The opinion

DENNIS, Circuit Judge,

concurring separately.

I respectfully concur in the judgment. The majority reached the right result in granting qualified immunity to the defendant. I disagree with the district court opinion adopted by the majority in two respects.

First, the plaintiffs claim of a Fourth Amendment violation can be analogized to the situation in United States v. Certain Real Property Located near Highway 195, 163 F.3d 1295 , 1298-301 (11th Cir.1998), which supports the appellant’s position that a seizure of real property occurred. While I believe a seizure occurred, I nevertheless agree with the majority in granting qualified immunity to the defendant, because, under the circumstances, seizure was not objectively unreasonable.

Second, I disagree with the majority in that the defendant probably did violate Fourteenth Amendment rights as the plaintiff alleges, but I agree with the majority in granting qualified immunity, be *644 cause those rights were not clearly established at the time of the violation.

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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