Garza v. Spence

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40249
Summary Calendar
SAN JUANITA BUSTOS GARZA,
Plaintiff-Appellant,
versus
LARRY G. SPENCE, in his official capacity as Sheriff of
Willacy County, Texas, and County of Willacy; COUNTY OF WILLACY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-98-CV-184
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December 13, 2000
Before HIGGINBOTHAM, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:1
San Juanita Bustos Garza appeals the district court’s grant of
summary judgment for defendants Larry Spence and County of Willacy
dismissing her civil rights lawsuit, filed pursuant to 42 U.S.C.
§ 1983. This court reviews a district court’s grant of summary
judgment de novo, applying the same standard as would the district
court. See Melton v. Teachers Ins. & Annuity Ass’n of Am., 114
F.3d 557, 559 (5th Cir. 1997).
1
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that this opinion should not be published and is not precedent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.
Garza failed to create an issue of fact that Spence, in his
individual capacity, was personally involved in the alleged
constitutional violation or that there was a sufficient causal
connection between Spence’s alleged wrongful conduct and the
alleged constitutional violation. Thompkins v. Belt, 828 F.2d 298,
303 (5th Cir. 1987). Her official-capacity claim against Spence is
really a claim against the County of Willacy and was therefore
properly dismissed as duplicative. See Bennett v. Pippin, 74 F.3d
578, 584 (5th Cir. 1996); Sims v. Jefferson Downs Racing Ass’n, 778
F.2d 1068, 1081 (5th Cir. 1985). She also failed to create an
issue of material fact that would impose liability upon the County
of Willacy. See Monell v. Department of Soc. Servs., 436 U.S. 658,
694-95 (1978); Bennett v. City of Slidell, 728 F.2d 762, 767-69
(5th Cir. 1984)(en banc).
Accordingly, the district court’s judgment is AFFIRMED.
2