McClain v. Delgado (False Arrest Appeal) episode artwork

EPISODE · May 6, 2025 · 16 MIN

McClain v. Delgado (False Arrest Appeal)

from Swear on the Stand · host Daniel W. Swear

This episode presents an appeal from the Fifth Circuit Court of Appeals concerning a false arrest claim against a Texas Game Warden, Dustin Delgado, by Joshua McClain. The majority opinion reverses the district court's denial of qualified immunity to Delgado, finding that McClain did not demonstrate a genuine dispute of material fact showing a constitutional violation. They conclude that Delgado had reasonable suspicion for the initial traffic stop based on McClain's swerving and probable cause for the arrest due to his performance on field sobriety tests. The dissenting opinion argues that the court lacks jurisdiction because genuine disputes of material fact exist regarding the traffic stop's premise, the administration and interpretation of the field sobriety tests, and the officer's credibility, all of which are material to the probable cause determination. The dissent contends that these disputes, particularly in light of prior similar arrests by Delgado and alleged inaccuracies in his affidavit, preclude summary judgment.

Episode metadata supplied by the publisher feed · Published May 6, 2025

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McClain v. Delgado (False Arrest Appeal)

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