U.S. Court of Appeals for the Fifth Circuit, 1996

Brumfield v. Grand Prairie Police

Brumfield v. Grand Prairie Police
U.S. Court of Appeals for the Fifth Circuit · Decided March 7, 1996

Brumfield v. Grand Prairie Police

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-10670 Conference Calendar __________________

DEMETRA BRUMFIELD, Plaintiff-Appellant, versus GRAND PRAIRIE POLICE DEPARTMENT; POLLOCK, Detective, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:93-CV-2394-P - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Demetra Brumfield appeals from the district court's judgment in favor of the defendants in a civil rights action. Brumfield argues that the action is not time-barred, the Grand Prairie Police Department has a policy that officers present false testimony at trial, Pollock is not immune from suit under 42 U.S.C. § 1983, the district court did not liberally construe his pro se brief, and the district court erred in dismissing certain claims under Fed. R. Civ. P. 12(b)(6).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-10670 -2- The district court found that the action was not time-barred and addressed Brumfield's claims. We have reviewed the record and the district court's opinion and find no reversible error.

On appeal, Brumfield can present no legal points arguable on their merits, and the appeal is frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. Rule 42.2. We caution Brumfield that any additional frivolous appeals will invite the imposition of sanctions. To avoid sanctions, Brumfield is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this court.

APPEAL DISMISSED.

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