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Mason v. City of Biloxi
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 22, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk
No. 02-60654 Summary Calendar
EVELYN MASON,
Plaintiff-Appellant, versus
CITY OF BILOXI, MS; TOMMY MOFFETT, in his individual and official capacity,
Defendants-Appellees.
-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:01-CV-86-BrR --------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:*
Evelyn Mason appeals from the district court’s summary-judgment dismissal of her 42 U.S.C. § 1983 claims. Mason contends that she established the existence of a genuine issue of material fact precluding summary judgment.
Even if the allegations in her complaint were accepted as true, Mason has failed to adequately plead a violation of the due process clause, the equal protection clause, or the privileges
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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and immunities clause. See Kinney v. Weaver, 301 F.3d 253, 283-84 (5th Cir. 2002); Wheeler v. Miller, 168 F.3d 241, 251 (5th Cir. 1999); Cramer v. Skinner, 931 F.2d 1020, 1030 n.7 (5th Cir. 1991); see also Saenz v. Roe, 526 U.S. 489, 503-11 (1999). The record does not reveal a genuine issue of material fact as to whether Tommy Moffett and the City of Biloxi violated Mason’s “Fourth Amendment right to be free of unlawful intrusion and right to privacy.” See Paul v. Davis, 424 U.S. 693, 713 (1976).