Harris v. City of Virginia Beach

OPINION

This case requires us to determine whether the district court erred in dismissing the claims stemming from Tyran Harris’ arrest for driving under the influence (“DUI”). Finding no error, we affirm.

I

At approximately 12:01 a.m. on October 23, 1999, Virginia Beach Police Officer D.W. Dean stopped the car operated by plaintiff Tyran Harris. The parties’ accounts of the ensuing events differed substantially. Harris claimed that Dean stopped him without probable cause be cause Harris is African-American. Harris alleged that on the night in question, he maintained constant proper control of…