Aylesworth v. Bexar County

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT _________________

No. 98-51152

Summary Calendar _________________

ROLAND AYLESWORTH,

Plaintiff-Appellant, versus

BEXAR COUNTY; RALPH LOPEZ, Sheriff,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CV-1266

August 3, 1999

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:*

Roland Aylesworth appeals the grant of summary judgment to Bexar County and Sheriff Lopez in this § 1983 case. Aylesworth did not produce evidence showing Lopez’s personal involvement in the decision to terminate Aylesworth, and hence the district court did not err in granting summary judgment to Lopez. See Thompson v. Steele, 709 F.2d 381, 382 (5th Cir. 1983). Further, the decision of the Bexar County Civil Service Commission was supported by substantial evidence, and thus the district court did not err in granting summary judgment to the County. See Texas Employment Comm’n v. Holberg, 440 S.W.2d 38, 42 (Tex. 1969).

AFFIRMED.