Horne v. City of San Antonio

U.S. Court of Appeals for the Fifth Circuit

Horne v. City of San Antonio

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-51068 Summary Calendar

MICHAEL ANTHONY HORNE

Plaintiff - Appellant

v.

CITY OF SAN ANTONIO; ET AL

Defendants

CITY OF SAN ANTONIO, BEXAR COUNTY, TEXAS,

Defendants - Appellees

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CV-472-FB -------------------- December 1, 2000

Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Michael Anthony Horne has appealed the district court’s

grant of summary judgment to the defendants in his

42 U.S.C. § 1983

civil rights action. We AFFIRM. Horne argues that he

was arrested and detained in violation of his constitutional

rights due to the policies or customs of the defendants.

A

42 U.S.C. § 1983

complaint against a municipality must

identify the policy, connect the policy to the municipality, and

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-51068 -2-

show that the particular injury occurred because of the execution

of the policy. Bennett v. City of Slidell,

728 F.2d 762, 767

(5th Cir. 1984)(en banc). Our de novo review of the record

reveals that Horne has failed to meet his burden under Bennett.

Accordingly, the summary judgment on the merits of Horne’s claims

against the defendants is AFFIRMED.

Reference

Status
Unpublished