Gassner v. City of Garland

JERRY E. SMITH, Circuit Judge: Plaintiff Jules Gassner filed suit under 42 U.S.C. § 1983 against the City of Garland, Texas, and M.L. Bates, a police officer employed by the city, alleging, inter alia, that Bates arrested him without probable cause and used excessive force in making the arrest, in violation of his rights under the fourth and fourteenth amendments and state law. The district court dismissed the case as to the city, but denied Bates's motion for summary judgment on the ground that no reasonable police officer could have believed that there was probable cause to arrest Gassner for the offenses with which Gassner was charged.