HOUSTON v. CITY OF NEW ORLEANS

No. 11-30198.

675 F.3d 441 (2012)

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.

As Revised March 15, 2012.


Attorney(s) appearing for the Case

Justin P. Harrison (argued), Marjorie Ruth Esman , ACLU Foundation of Louisiana, New Orleans, LA, Craig Malcolm Freeman , Law Offices of Craig M. Freeman, Baton Rouge, LA, for Plaintiff-Appellant.

James Bryan Mullaly (argued), Eraka V. Williams , Fred L. Herman , Thomass Jeffrey Barbera (argued), Law Offices of Fred L. Herman, New Orleans, LA, for Defendants-Appellees.

Stephen Porter Halbrook , Dan Mark Peterson , Dan M. Peterson, P.L.L.C., Fairfax, VA, for Amicus Curiae.

Before BARKSDALE, GARZA and ELROD, Circuit Judges.


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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