Bergin v. Tatum, No. 12-41394, 2013 U.S. App. LEXIS 24291 (4th Cir. Dec. 6, 2013)

(cattle owner filed action against investigative officer, alleging due process violations and malicious prosecution after the officer arrested owner for theft of livestock; owner’s cattle were impounded because they were roaming on the road; owner took subject cattle from impound yard without paying impound fee; officer arrested owner, asserting that sister’s owner had stated that cattle did not belong to owner; in affirming district court’s granting of summary judgment to officer, court of appeals ruled that a reasonable officer could have concluded that the owner took the cattle without legal authority; owner had taken the cattle without permission, without establishing ownership, and without paying the impound fee; the officer was entitled to official immunity as to the malicious prosecution claim because he could have concluded that probable cause existed).