Collins v. Lee

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30280
Conference Calendar
WALTER L. COLLINS,
Plaintiff-Appellant,
versus
HARRY LEE, Sheriff of
Jefferson Parish,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-137-T
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December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Walter Collins appeals from the district court’s summary
judgment. Appellant contends that the district court erred in
determining that appellee was entitled to the defense of
qualified immunity and granting summary judgment on that basis.
The district court did not so err. Although Collins alleged
the violation of a clearly established constitutional right, see
Williams v. Treen, 671 F.2d 892, 902 (5th Cir. 1982), he did not
counter the affidavit filed by the defendant in support of
*
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that this opinion should not be published and is not precedent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. 99-30280
-2-
summary judgment that explained the racial housing policies and
statistics at the time of plaintiff’s incarceration. This
affidavit shows that there was no policy of or de facto
unconstitutional racial segregation. The defendant was therefore
entitled to summary judgment.
Appellant also contends that the district court erred by
denying his motion to compel. The district court did not abuse
its discretion in denying the motion. Any benefit that could
have been gleaned from the desired documents was outweighed by
the burden attached to the production. Because the district
court did not err in granting the Appellee’s motion for summary
judgment or denying the Appellant’s motion to compel, this case
is AFFIRMED.