Hollins v. City of Jackson, MS

U.S. Court of Appeals for the Fifth Circuit

Hollins v. City of Jackson, MS

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

____________________

No. 00-60327 Summary Calendar ____________________

TRACEY HOLLINS, L.T., a minor by and through Tracey Hollins, as next friend; ONITA HOLLINS, L.T., a minor by and through Onita Hollins, as next friends,

Plaintiffs-Appellants,

versus

CITY OF JACKSON, MISSISSIPPI; ET AL.,

Defendants,

CITY OF JACKSON, MISSISSIPPI; WESTWOOD L.P.,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:98-CV-562-WS -------------------- December 19, 2000 Before JOLLY, SMITH, and DUHÉ, Circuit Judges. PER CURIAM:1

The plaintiffs-appellants appeal the district court’s summary

judgment in favor of the City of Jackson and Westwood, L.P. After

examination of the records and briefs, we have determined that

there was no genuine issue of material fact and that the

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. defendants’ motions for summary judgment were properly granted.

The City of Jackson is not liable under

42 U.S.C. § 1983

for

the misconduct of its employee, Kerry Collins. See Gros v. City of

Grand Prairie,

181 F.3d 613, 615

(5th Cir. 1999). The Mississippi

Tort Claims Act shields the City of Jackson from liability for the

plaintiffs’ state-tort claims. See

Miss. Code Ann. § 11-46

-

5(1)(Supp. 2000). Westwood L.P. did not breach a duty to the

plaintiff under Mississippi law dealing with premises liability.

See Whitehead v. Food Max of Mississippi, Inc.,

163 F.3d 265, 271

(5th Cir. 1998). Nor is Westwood L.P. vicariously liable for

Collins’s conduct. See Tichenor v. Roman Catholic Church of New

Orleans,

32 F.3d 953, 959

(5th Cir. 1994). Finally, Westwood L.P.

cannot be held liable under

42 U.S.C. § 1983

. See Wong v.

Stripling,

881 F.2d 200, 202

(5th Cir. 1989); Williams v. Luna,

909 F.2d 121, 123

(5th Cir. 1990). The district court’s grant of

summary judgment is AFFIRMED.

2

Reference

Status
Unpublished