Reed v. Montgomery Wards ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20281
Conference Calendar
STANLEY LAMAR REED, also known
as Stanley Johnson,
Plaintiff-Appellant,
versus
MONTGOMERY WARDS; MAXWELL I CHUKU,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-95-3934
- - - - - - - - - -
October 23, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Stanley Lamar Reed appeals the district court’s dismissal of
his civil rights complaint pursuant to Heck v. Humphrey, 512 U.S.
477 (1994). Although not for the reasons advanced by Reed, the
district court’s dismissal of the complaint under Heck arguably
was in error. See Mackey v. Dickson, 47 F.3d 744, 746 (5th Cir.
1995)(claim of unlawful arrest, standing alone, does not
*
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that this opinion should not be published and is not precedent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. 96-20281
- 2 -
implicate the validity of a criminal prosecution following
arrest). Nevertheless, we AFFIRM the dismissal of Reed’s
complaint because it seeks relief against private parties and
fails to allege a constitutional violation by a state actor. See
Yeager v. City of McGregor, 980 F.2d 337, 339 (5th Cir.), cert.
denied, 510 U.S. 821 (1993).
AFFIRMED.