Whitty v. New Orleans Police Department , 239 F. App'x 89 ( 2007 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
F I L E D
No. 06-31115 August 31, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk
NANCY MARIAN WHITTY
Plaintiff-Appellant
v.
NEW ORLEANS POLICE DEPARTMENT; CITY OF NEW ORLEANS;
MAYOR C RAY NAGIN; WARREN J RILEY, Police Superintendent;
OFFICER F DENTON
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:*
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 conclusory 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-31115
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.
2