Salazar v. City of Palm Bay, 041612 FED11, 11-15073

Docket Nº:11-15073
Opinion Judge:PER CURIAM
Party Name:JOSUE SALAZAR, Plaintiff - Appellee, v. CITY OF PALM BAY, et al, Defendants, FRANK WALTERS, Defendant-Appellant.
Judge Panel:Before HULL, WILSON and PRYOR, Circuit Judges.
Case Date:April 16, 2012
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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JOSUE SALAZAR, Plaintiff - Appellee,

v.

CITY OF PALM BAY, et al, Defendants,

FRANK WALTERS, Defendant-Appellant.

No. 11-15073

United States Court of Appeals, Eleventh Circuit

April 16, 2012

DO NOT PUBLISH

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:09-cv-01934-GAP-GJK

Before HULL, WILSON and PRYOR, Circuit Judges.

PER CURIAM

Officer Frank Walters of the City of Palm Bay Police Department appeals the denial of qualified immunity against Josue Salazar's complaint of false arrest. 42 U.S.C. § 1983. The district court ruled that genuine issues of material fact barred summary judgment. We affirm.

Salazar complained that Walters lacked probable cause to arrest him for delivering drug paraphernalia. Salazar alleged that Walters arrested him after Walters observed various liquid fertilizers in the open bed of Salazar's truck. Walters moved for summary judgment on the ground that he had observed in the bed of Salazar's truck "equipment" and brands of fertilizers, like "Sensi Grow" and Sensizym," used commonly to cultivate marijuana.

The district court did not err when it ruled that Walters was not entitled to summary judgment based on qualified immunity. To be guilty of delivering drug paraphernalia, a person must "deliver [or] possess with intent to deliver . . . drug paraphernalia, knowing, or under circumstances where [he] reasonably should know, that it will be used . . .[t]o plant, propagate, cultivate, grow, harvest, manufacture, . . . produce, process, prepare, . . . or conceal a controlled substance." Fla. Stat. § 893.147(2)(a). The record reveals genuine issues of material fact about whether Walters had arguable...

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