Page 41 - TPA Journal November December2021
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forth in the affidavit at issue here.
DAVID v. HODGKISS, No. 20-50917, 5th
Accordingly, we find that, with the allegedly “false Circuit, Aug. 25th, 2021.
statement[s] . . . excised,” the affidavit’s remaining
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content is enough to establish probable cause.
We thus conclude that Hodgkiss is entitled to
summary judgment on plaintiffs’ Franks claim as
there was no constitutional violation.
Based on the foregoing, we REVERSE the
Magistrate Judge’s order and RENDER summary
judgment for defendant-appellant Sergeant
Hodgkiss on plaintiffs-appellees’ claim of liability
under Franks.
Nov.-Dec. 2021 www.texaspoliceassociation.com • (512) 458-3140 37
