Whitty v. New Orleans Police Dept

Full title: Nancy Marian WHITTY, Plaintiff-Appellant v. NEW ORLEANS POLICE DEPARTMENT…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 31, 2007

239 F. App'x 89 (5th Cir. 2007)

Opinion

No. 06-31115 Summary Calendar.

August 31, 2007.

Ashton R. O'Dwyer, Jr., New Orleans, LA, for Plaintiff-Appellant.

James B. Mullaly, City Attorney's Office for the City of New Orleans, New Orleans, LA, for Defendants-Appellees.

Appeal from the United States United States District Court for the Eastern District of Louisiana, USDC No. 2:06-CV-1835.

Before WIENER, GARZA, and PRADO, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

We affirm the district court's dismissal without prejudice of Nancy Marian Whitty's suit brought pursuant to 42 U.S.C. § 1983. Her complaint does not allege any facts that would substantiate her conelusory claim that her First and Fourteenth Amendment rights were violated. See Arnaud v. Odom, 870 F.2d 304, 307 (5th Cir. 1989) ("A plaintiff may not . . . plead merely conclusory allegations to successfully state a section 1983 claim, but must instead set forth specific facts which, if proven, would warrant the relief sought."); FED.R.CIV.P. 12(b)(6).

AFFIRMED.