MARTIN v. AUBUCHON

No. 79-1596.

623 F.2d 1282 (1980)

Favis Clay MARTIN, Appellant, v. Lester A. AUBUCHON, Individually and in his official capacity as a private citizen of America; Celina C. Aubuchon, Individually and in her official capacity as a private citizen of America; Mary Beth Blackwell, Individually and in her official capacity as a Child Welfare Officer of Potter County, Texas; Tom Curtis, Individually and in his official capacity as the District Attorney of Potter County, Texas; Don M. Dean, Individually and in his official capacity as Former Judge and private citizen of Potter County, Texas; Gary M. Gaertner, Individually and in his official capacity as Judge of the Circuit Court of Saint Louis, Missouri; Joseph J. Simeone, Individually and in his official capacity as Chief Judge of the Missouri Court of Appeals. Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 19, 1980.

Rehearing Denied July 23, 1980.


Attorney(s) appearing for the Case

Timothy F. Devereux, St. Louis, Mo., for appellant.

Mark I. Bronson, Newman & Bronson, St. Louis, Mo., for appellees, Aubuchon, et al.

Stephen G. Nagle, Asst. Atty. Gen., of Tex., Austin, Tex., argued, for remainder of appellees; are Mark White, Atty. Gen. of Tex., John W. Fainter, Jr., First Asst. Atty. Gen., Ted L. Hartley, Executive Asst. Atty. Gen., W. Barton Boling, Asst. Atty. Gen., Chief, Enforcement Division, Austin, Tex., on brief for Don M. Dean.

Jack L. Koehr, City Counselor, and John J. Fitzgibbon, Associate City Counselor, St. Louis, Mo., for appellees, Gaertner, et al.

Before LAY, Chief Judge, BRIGHT and HENLEY, Circuit Judges.


PER CURIAM.

Favis Clay Martin appeals the dismissal of his pro se civil rights suit filed pursuant to 42 U.S.C. § 1983.1 We affirm.

According to the complaint,2 Martin was arrested in Potter County, Texas on February 21, 1970, for the murder of his former wife, June Etta Martin. The same day, Mary Beth Blackwell, a child welfare worker, filed a dependency and neglect petition in Potter County Court...

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