IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50012 Summary Calendar JESUS MIRANDA, et al., Plaintiffs, JESUS MIRANDA, Plaintiff-Appellant,

versus CITY OF EL PASO, TEXAS, et al., Defendants, CITY OF EL PASO, TEXAS, et al., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-94-CV-163 - - - - - - - - - - March 27, 1997 Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM:* Jesus Miranda appeals from the district court’s grant of a motion for summary judgment in favor of the defendants in his civil rights suit under 42 U.S.C. § 1983. Miranda argues that the district court erred in granting the defendants’ motion for summary judgment because a factual dispute exists with respect to whether his arrest for the drug offenses was supported by probable cause.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50012 - 2 - Miranda failed to present evidence sufficient to establish the existence of a genuine issue of material fact demonstrating a policy or custom which caused the purported constitutional violation. See Colle v. Brazos County, Tex., 981 F.2d 237, 244 (5th Cir. 1993). The judgment of the district court is AFFIRMED.

AFFIRMED.