IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50697
Summary Calendar
AN THI MCCAHON,
Plaintiff-Appellant,
versus
FELECIA WILLIAMS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CV-436-JN
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February 9, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
An Thi McCahon appeals the summary judgment on the ground of
qualified immunity in favor of defendant Felecia Williams regarding
a request for an arrest warrant. McCahon alleges that Williams’s
actions in seeking an arrest warrant were not objectively
reasonable because there was no probable cause to support a
conclusion that McCahon made a false statement to a police officer.
Williams’s affidavit provided sufficient support for a finding of
probable cause. See Malley v. Briggs, 475 U.S. 335, 345 (1986).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-50697
-2-
McCahon also alleges that McCahon’s actions were objectively
unreasonable because McCahon made the report in Collin County and
therefore she could not be tried for the crime in Travis County,
from which the warrant issued. She has failed to show that the
magistrate judge in Travis County could not have issued the arrest
warrant. See TEX. CRIM. P. CODE ANN. art. 15.03(a)(2) (Vernon 2000).
Williams’s actions in seeking the warrant in Travis County were
therefore objectively reasonable.
McCahon finally asserts that, even if a finding of probable
cause exists, this court should go beyond that finding to balance
the interests of the individual against the state. Such a
balancing test should be conducted after a finding of probable
cause only in “extraordinary” circumstances involving “searches or
seizures conducted in an extraordinary manner, unusually harmful to
an individual’s privacy or even physical interests[.]” See, e.g.,
Whren v. United States, 517 U.S. 806, 818 (1996) (direct appeal of
criminal conviction). Williams’s actions in obtaining an arrest
warrant against McCahon did not harm McCahon’s privacy or physical
interests to any unusual degree. The district court’s grant of
summary judgment in favor of Williams on the grounds of qualified
immunity is AFFIRMED.