Michael Melton v. Hunt County

JAMES L. DENNIS, Circuit Judge, joined by GRAVES, Circuit Judge,

dissenting:

The evidence of the nonmovant and the justifiable inferences drawn in his favor by the district court—which we may not second-guess at this interlocutory stage—establish a genuine dispute as to whether Officer Phillips acted with reckless disregard for the truth in falsely identifying the plaintiff as the perpetrator in his official report of a violent assault, resulting in the plaintiffs arrest without probable cause. The majority opinion errs in reversing the district court’s denial of qualified immunity and summary…