LA BAR v. ROYER

No. 75-3053. Summary Calendar.

528 F.2d 548 (1976)

Charles Whitmore LA BAR, Jr., Plaintiff-Appellant, v. Special Agent Gary ROYER et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 10, 1976.


Attorney(s) appearing for the Case

Charles Whitmore La Bar, Jr., pro se.

Ronald T. Knight, U. S. Atty., Macon, Ga., for Royer and Caas.

John Marshall Meisburg, Jr., Dept. of Justice, Criminal Div., Washington, D. C., for defendants-appellees.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.


PER CURIAM:

Affirmed. Although we agree that the plaintiff has no personal cause of action against the federal agent who, acting within the scope of his authority, received and holds property seized legally under a warrant, the district court adopted the brief of the Government which contains patent errors, repeated in the brief before us.

42 U.S.C.A. § 1983 action does not require class-based, discriminatory animus or intent. The statute does require...

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