Parm v. Shumate
United States Court of Appeals for the Fifth Circuit
513 F.3d 135 (2007)
- Written by Carolyn Strutton, JD
Facts
Normal Parm Jr. and four other recreational fishermen (fishermen) (plaintiffs) had fished for over a decade on the Mississippi River. During the spring, the waters of the Mississippi would flood far past its normal channel and inundate land that was normally dry and located miles from the river’s normal channel. During these flood periods, the fishermen would fish over privately owned flooded land. The owner of the land, Walker Cottonwood Farms, LLC (Walker) objected to the fishermen fishing over its land and complained about these trespasses to the East Carroll Parish Sheriff Mark Shumate (defendant). The fishermen refused to stop fishing over Walker’s inundated land, and Sheriff Shumate arrested them for trespass. The fishermen sued Sheriff Shumate in federal court, alleging that the sheriff lacked probable cause to arrest them because they held a right to fish on the private property when it was inundated by the Mississippi. The trial court denied the fishermen’s motion for summary judgment and granted Sheriff Shumate’s cross-motion for summary judgment. The fishermen appealed.
Rule of Law
Issue
Holding and Reasoning (King, J.)
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