Nature of the Case
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Facts
Atwater (P) was driving her pickup truck with her 3-year-old son and 5-year-old daughter in the front seat. None of them was wearing a seatbelt which was in violation of Texas law. Turek, a police officer, observed the seatbelt violations and pulled P over. According to P's complaint, Turek approached the truck and 'yell[ed]' something to the effect of 'we've met before' and 'you're going to jail.' He then called for backup and asked to see P's driver's license and insurance documentation, which state law required her to carry. P told Turek that she did not have the papers because her purse had been stolen the day before, Turek said that he had 'heard that story two-hundred times.' P asked to take her 'frightened, upset and crying' children to a friend's house nearby, but Turek told her, 'you're not going anywhere.' As it turned out, P's friend learned what was going on and soon arrived to take charge of the children. Turek then handcuffed P, placed her in his squad car, and drove her to the local police station, where booking officers had her remove her shoes, jewelry, and eyeglasses, and empty her pockets. Officers took P's 'mug shot' and placed her, alone, in a jail cell for about one hour, after which she was taken before a magistrate and released on $310 bond. P was charged with driving without her seatbelt fastened, failing to secure her children in seatbelts, driving without a license, and failing to provide proof of insurance. She ultimately pleaded no contest to the misdemeanor seatbelt offenses and paid a $50 fine; the other charges were dismissed. P and her husband filed suit in a Texas state court under 42 U. S. C. §1983 against Turek and respondents City of Lago Vista and Chief of Police Frank Miller. P alleged that respondents (for simplicity, the City) had violated P's Fourth Amendment 'right to be free from unreasonable seizure' and sought compensatory and punitive damages. The suit was removed to federal court and given P's admission that she had 'violated the law' and the absence of any allegation 'that she was harmed or detained in any way inconsistent with the law,' the District Court ruled the Fourth Amendment claim 'meritless' and granted the City's summary judgment motion. A Fifth Circuit panel concluded that 'an arrest for a first-time seat belt offense' was an unreasonable seizure within the meaning of the Fourth Amendment, and held that Turek was not entitled to qualified immunity. En banc, the Court of Appeals vacated the panel's decision and affirmed the District Court's summary judgment for the City. Relying on Whren v. United States it held that the arrest was not unreasonable for Fourth Amendment purposes.
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