McClain v. Delgado
132 F.4th 362
5th Cir.2025Background
- Texas Game Warden Dustin Delgado arrested Joshua McClain for suspected DWI after observing his truck swerve and conducting field sobriety tests (SFSTs); McClain later provided a negative blood test for alcohol and drugs, and charges were not pursued.
- McClain sued Delgado under 42 U.S.C. § 1983 for false arrest and malicious prosecution.
- The district court granted Delgado qualified immunity on the malicious prosecution claim but denied it for false arrest, finding genuine disputes of material fact regarding probable cause.
- Delgado appealed the denial of qualified immunity on the false arrest claim to the Fifth Circuit.
- The appellate majority held that McClain failed to show Delgado violated clearly established constitutional rights, reversed the district court, and granted qualified immunity; a dissent argued that factual disputes precluded summary judgment and questioned appellate jurisdiction.
Issues
| Issue | Plaintiff's Argument (McClain) | Defendant's Argument (Delgado) | Held |
|---|---|---|---|
| Existence of probable cause for arrest | No probable cause; SFSTs improperly conducted & interpreted; credibility issues with Delgado; blood test negative | Sufficient probable cause based on observations and SFSTs; confirmation by second officer | Delgado had probable cause; qualified immunity applies |
| District court's denial of summary judgment | Material factual disputes preclude summary judgment; appellate court lacks jurisdiction | Facts are undisputed/materiality review only allowed; no genuine dispute precluding summary judgment | Appellate court can review; reverses denial |
| Credibility and prior similar incidents | Delgado had history of similar false DWI arrests, raising credibility concerns | Prior incidents irrelevant; second officer confirmed findings post-arrest | Prior incidents immaterial; findings affirmed |
| Application of video evidence in summary judgment | Video does not show alleged swerving; facts not clear | Video and admissions support stop and arrest | Facts favoring officer accepted; summary judgment granted |
Key Cases Cited
- Brown v. Callahan, 623 F.3d 249 (5th Cir. 2010) (burden shifts to plaintiff to show violation of clearly established law after qualified immunity is asserted)
- Loftin v. City of Prentiss, 33 F.4th 774 (5th Cir. 2022) (plaintiff must show that no reasonable officer would have made the arrest in false arrest/qualified immunity context)
- United States v. Estrada, 459 F.3d 627 (5th Cir. 2006) (reasonable suspicion for traffic stops analyzed under Terry v. Ohio standard)
- Crostley v. Lamar County, 717 F.3d 410 (5th Cir. 2013) (reasonable mistakes of fact do not defeat qualified immunity in Fourth Amendment false arrest cases)
- Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009) (an arrest is unlawful unless supported by probable cause, and genuine issues of credibility preclude summary judgment)
- Johnson v. Jones, 515 U.S. 304 (1995) (limits appellate jurisdiction to materiality, not genuineness, of factual disputes on interlocutory review of qualified immunity)