[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 7, 2006
No. 04-16279
THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 03-61080-CV-CMA
TAWANNA BROWN,
Plaintiff-Appellant,
versus
DILLARD'S INC.,
a foreign corporation,
Defendant,
COLIN COWDEROY,
individually,
MARTIN LENIHAN,
individually,
CITY OF FORT LAUDERDALE, FLORIDA,
a Florida municipal corporation,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(March 7, 2006)
Before EDMONDSON, Chief Judge, BARKETT, Circuit Judge, and HUNT *,
District Judge.
PER CURIAM:
Tawanna Brown appeals from an adverse summary judgment in her suit
against the City of Fort Lauderdale, Police Officers Martin Lenihan and Colin
Cowderoy, and Dillard’s, Inc. claiming false arrest for shoplifting at Dillard’s.
We have reviewed the record and considered the oral argument of the parties and
find no reversible error.
Summary judgment is appropriate if the evidence before the court shows
“that there is no genuine issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). In making this
determination, the court must view all evidence and make all reasonable inferences
in favor of the party opposing summary judgment. Haves v. City of Miami, 52
F.3d 918, 921 (11th Cir. 1995). On motion for summary judgment, a non-moving
party must “go beyond the pleadings and by [its] own affidavits or by ‘depositions,
answers to interrogatories, and admissions on file’ designate ‘specific facts
showing that there is a genuine issue for trial.’” Celotex Corp. v. Catrett, 477 U.S.
317, 324 (1986) (quoting Fed. R. Civ. P. 56(c)). The district court determined that
*
Honorable Willis B. Hunt, Jr., United States District Judge for the Northern District of Georgia,
sitting by designation.
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Brown had failed to establish that there was a material issue of fact regarding the
existence of probable cause to arrest in this case. The record supports that
determination. The existence of probable cause to arrest defeats any claim of false
arrest.
AFFIRMED.
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