Plaintiff, Billy H. O’Barr, brought this action under 42 U.S.C.A. § 1983, against the Probate Judge of Etowah County, Alabama, for wrongful commitment to a state mental institution. This case is controlled by the recent decision of this Court in Perkins v. United States Fidelity and Guaranty Company, 5th Cir. 1970, 433 F.2d 1303, and it is on the basis of that decision that we affirm the judgment of the court below.

Affirmed.