Mason v. City of Biloxi

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 22, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-60654
Summary Calendar
EVELYN MASON,
Plaintiff-Appellant,
versus
CITY OF BILOXI, MS; TOMMY MOFFETT,
in his individual and official capacity,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:01-CV-86-BrR
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Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Evelyn Mason appeals from the district court’s summary-
judgment dismissal of her 42 U.S.C. § 1983 claims. Mason
contends that she established the existence of a genuine issue of
material fact precluding summary judgment.
Even if the allegations in her complaint were accepted as
true, Mason has failed to adequately plead a violation of the due
process clause, the equal protection clause, or the privileges
*
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that this opinion should not be published and is not precedent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. 02-60654
-2-
and immunities clause. See Kinney v. Weaver, 301 F.3d 253, 283-
84 (5th Cir. 2002); Wheeler v. Miller, 168 F.3d 241, 251 (5th
Cir. 1999); Cramer v. Skinner, 931 F.2d 1020, 1030 n.7 (5th Cir.
1991); see also Saenz v. Roe, 526 U.S. 489, 503-11 (1999). The
record does not reveal a genuine issue of material fact as to
whether Tommy Moffett and the City of Biloxi violated Mason’s
“Fourth Amendment right to be free of unlawful intrusion and
right to privacy.” See Paul v. Davis, 424 U.S. 693, 713 (1976).
AFFIRMED.