HOUSTON v. CITY OF NEW ORLEANS

No. 11-30198.

ERROL HOUSTON, JR., Plaintiff-Appellant, v. CITY OF NEW ORLEANS; LEON CANNIZZARO, District Attorney for the Parish of Orleans; WARREN J. RILEY, Superintendent of the New Orleans Police Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed: March 14, 2012.


RHESA HAWKINS BARKSDALE, Circuit Judge.

In this action under, inter alia, 42 U.S.C. § 1983, Errol Houston, Jr., claims defendants violated his Fourteenth Amendment rights (to keep and bear arms, incorporated from Second Amendment, and to due process) by retaining his lawfully-seized firearm after the district attorney refused charges. The action was dismissed under Federal Rule of Civil Procedure 12. AFFIRMED.

I.

As noted, dismissal was...

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