[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
SEPTEMBER 18, 2007
No. 07-10347 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 05-00362-CV-3-MCR-MD
MICHAEL T. MCLAREN,
Plaintiff-Appellant,
versus
SHERIFF RON MCNESBY,
in his official capacity as
Sheriff of Escambia County, Florida,
RENE VASQUEZ REGUINDIN,
in his individual capacity,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(September 18, 2007)
Before BIRCH, BARKETT and COX, Circuit Judges.
PER CURIAM:
Michael T. McLaren appeals the district court’s grant of summary
judgement in favor of Defendants Ron McNesby, Sheriff of Escambia County, and
Rene Vasquez Reguindin, Deputy Sheriff, on the grounds that defendants were
entitled to qualified immunity. Count I of the complaint is a 42 U.S.C. § 1983
claim against Reguindin in his individual capacity for unlawful detention. Count II
is a state law claim for unlawful detention pled in the alternative against both
Reguindin and McNesby. The district court granted summary judgment in favor of
Reguindin on Count I and, declining to exercise supplemental jurisdiction over the
state law claims, dismissed Count II without prejudice.
We affirm the grant of qualified immunity, agreeing with the district court
that McLaren cannot show improper detention as a result of a failure to disclose
truly exculpatory evidence.
AFFIRMED.
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