Joe Cobarobio v. Midland County Texas
695 F. App'x 88
| 5th Cir. | 2017Background
- Plaintiff Joe Luis Cobarobio, a Texas prisoner, sued under 42 U.S.C. § 1983 after Midland law enforcement allegedly interfered with his photographing and videotaping the aftermath of a 2012 train accident.
- He asserted First Amendment (right to record), Fourth Amendment (false arrest and seizure), and retaliation claims; he also invoked state-law theories.
- The district court dismissed the complaint for failure to state a claim and granted qualified immunity to the individual defendants.
- On appeal, Cobarobio abandoned challenges to claims against Midland County and the City of Midland and some individual-defendant claims by failing to brief them.
- The Fifth Circuit affirmed, holding that (1) no clearly established First Amendment right to record police in this 2012 emergency context existed for qualified-immunity purposes, and (2) probable cause supported the arrest for interference with public duties, defeating the Fourth Amendment claim.
- The dismissal counts as a strike under 28 U.S.C. § 1915(g); Cobarobio’s motion for an out-of-time reply brief was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants violated First Amendment right to record police | Cobarobio: had a right to photograph/video aftermath and police conduct | Defendants: no clearly established right in this emergency context; their actions were reasonable | Court: No clearly established right in 2012; qualified immunity applies |
| Whether arrest/seizure violated Fourth Amendment (false arrest) | Cobarobio: arrest and property seizure were unlawful | Defendants: probable cause for arrest for interference with public duties | Court: Probable cause existed; Fourth Amendment claim fails |
| Whether municipal liability existed under § 1983 (policy/custom/ratification) | Cobarobio: County/City liable for defendants’ conduct | Defendants: no policy/custom alleged or shown; theories like ratification/ respondeat superior inapplicable | Court: Claims against Midland County and City abandoned on appeal; dismissal affirmed |
| Whether qualified immunity bars other claims (excessive force/failure to intervene/retaliation) | Cobarobio reasserted retaliation; asserted excessive force/failure to intervene earlier | Defendants: entitled to qualified immunity; some claims lacked adequate pleading | Court: Qualified immunity sustained; excessive force and failure-to-intervene claims abandoned by plaintiff |
Key Cases Cited
- City of Oklahoma City v. Tuttle, 471 U.S. 808 (recognition that municipal liability under § 1983 requires policy or custom)
- Brinkmann v. Dallas County Sheriff Abner, 813 F.2d 744 (appellate abandonment when issues not briefed)
- Hathaway v. Bazany, 507 F.3d 312 (qualified-immunity standard described)
- Short v. West, 662 F.3d 320 (plaintiff must plead violation of clearly established right and objective unreasonableness)
- Turner v. Lieutenant Driver, 848 F.3d 678 (First Amendment right to record police exists but was not clearly established at the time of 2015 arrest)
- Mesa v. Prejean, 543 F.3d 264 (probable cause defeats retaliatory-motive-based claims to arrest)
- Haggerty v. Tex. S. Univ., 391 F.3d 653 (plaintiff must show lack of probable cause to prevail on false arrest claim)
- Adepegba v. Hammons, 103 F.3d 383 (dismissal for failure to state a claim counts as a strike under § 1915(g))
- Yohey v. Collins, 985 F.2d 222 (claims not raised on appeal are abandoned)