Chiles v. Windham ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10436
Summary Calendar
GEORGE VERNON CHILES,
Plaintiff-Appellant,
versus
THOMAS WINDHAM; CITY OF FORT WORTH,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
(4:95-CV-374-Y)
November 24, 1999
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
George Vernon Chiles brought suit under 42 U.S.C. § 1983,
claiming an unconstitutional stop, search and seizure of his
property. Chiles appeals the district court’s grant of summary
judgment for the defendants, the City of Fort Worth and its police
chief.
The district court held that Chiles had suffered no
constitutional violation from the actions of the police officers.
After a careful review of the record and briefs, we affirm the
*
Pursuant to Fifth Circuit 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
judgment on the grounds that Chiles presents no issue of material
fact supporting liability against the specific defendants. This
court may affirm summary judgment on grounds other than those
relied upon by the district court. See Yeager v. City of McGregor,
980 F.2d 337, 339 (5th Cir. 1993).
Chiles does not articulate any role of the police chief which
would support liability, and he fails to identify the policy of the
Fort Worth police department from which the alleged violations
resulted. Given that the officers involved in the incident are not
defendants, we need not decide whether they violated Chiles’
constitutional rights.
AFFIRMED.