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SPILLER v. CITY OF TEXAS CITY, POLICE DEPT.

No. 97-40081.

130 F.3d 162 (1997)

Johnnie Faye SPILLER, Plaintiff-Appellant, v. CITY OF TEXAS CITY, POLICE DEPARTMENT; State of Texas; Mark Spurgeon; City of Texas City, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 15, 1997.

Attorney(s) appearing for the Case

Anthony P. Griffin, Betty Wong, Galveston, TX, for Plaintiff-Appellant.

William S. Helfand, Charles Teilhard Jeremiah, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, KING and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Johnnie Faye Spiller, the plaintiff, brought suit against defendants Texas City, its police department, and one of its police officers, Mark Spurgeon, for Spurgeon's alleged violation of her Fourth Amendment and Texas common law rights.1 The district court dismissed Spiller's Fourth Amendment claims because they "fail[ed] to state a claim upon which relief [could] be granted," Fed. R. Civ. Pro. 12(b)(6), and accordingly...

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