(Download) "Presley v. City of Benbrook" by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Presley v. City of Benbrook
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 14, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Louis Earl Presley was arrested because he chose not to speak to police and was mistaken for a violent suspect whom they were trying to arrest in a sexual assault case. Naturally, he sued the arresting officers and the City of Benbrook, Texas, contending, inter alia, that the officers entry into his house and arrest violated the Fourth Amendment and that Texas Penal Code § 38.02(a), the failure to identify statute, is unconstitutional on its face and as applied. The district court granted summary judgment on his challenge to section 38.02(a), while a jury determined that although the officers conduct was objectively unreasonable under the totality of the circumstances, they were entitled to qualified immunity. From these decisions, Presley appeals. We find no error and affirm.