LOCKETT v. NEW ORLEANS CITY

No. 09-30712 Summary Calendar.

607 F.3d 992 (2010)

Shawn M. LOCKETT; Melanie C. Lockett, Plaintiffs-Appellants, v. NEW ORLEANS CITY; Piyush Jindal, also known as Bobby Jindal, in his Official Capacity as Governor of Louisiana; Clarence Ray Nagin, Mayor, in his Official Capacity as Mayor of New Orleans; Warren Riley, Superintendent, in his Official Capacity as Superintendent of the New Orleans Police Department; Christopher Ahner, Individually and in his Official Capacity as Master Sergeant in the Louisiana Air National Guard; Jonathan Bieber, Individually and in his Official Capacity as a member of the Louisiana National Guard; Brandt Arceneaux, Individually and in his Official Capacity as a member of the Louisiana National Guard; Lynn Fletcher, Individually and in his Official Capacity as a Lieutenant in the New Orleans Police Department; Reginald Gains, Individually and in his Official Capacity as a New Orleans Police Officer; Tocka Clark, Individually and in her Official Capacity as a New Orleans Police Officer; Joseph Thomas, Individually and in his Official Capacity as a Southern University of New Orleans Campus Police Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 5, 2010.


Attorney(s) appearing for the Case

Michael R. Allweiss, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, LA, for Shawn Lockett, Melanie Lockett.

James Bryan Mullaly, New Orleans, LA, for New Orleans City, Clarence Nagin, Warren Riley, Lynn Fletcher, Reginald Gains, Tocka Clark.

John Bettes Dunlap, III, Jennifer Ann Fiore, Carleton Dunlap Olinde Moore & Bohman, L.L.C., Baton Rouge, LA, for Piyush Jindal, Christopher Ahner, Jonathan Bieber, Brandt Arceneaux, Joseph Thomas.

Before BENAVIDES, PRADO and SOUTHWICK, Circuit Judges.


PER CURIAM:

Plaintiffs-Appellants Shawn M. Lockett and his wife, Melanie C. Lockett, seek the reversal of the district court's grant of summary judgment for Defendants-Appellees in this civil rights action, which stems from his arrest based on a traffic violation. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

In July of 2008, Lockett was driving in his vehicle to a class at the Southern University of New Orleans (SUNO). At the same time, two military...

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