Guilbeau v. Parish of St. Landry

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 21, 2009
No. 08-31182
Charles R. Fulbruge III
Clerk
MERLIN C. GUILBEAU,
Plaintiff-Appellant,
versus
PARISH OF ST. LANDRY; ST. LANDRY PARISH GOVERNMENT,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
No. 6:06-CV-185
Before REAVLEY, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Merlin Guilbeau obtained a state-court judgment against St. Landry Par-
ish for injuries he received in an accident on a negligently-maintained road, but
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-31182
he was never paid. He sued under 42 U.S.C. § 1983, claiming that the refusal
to pay, based on L A. R EV. S TAT. § 13:5109(B)(2), violated the Fourteenth Amend-
ment’s Due Process Clause and that the Highway Safety Act of 1966, 23 U.S.C.
§ 402, preempts the state statute. After a bench trial, the district court denied
relief.
The constitutional argument is foreclosed by Minton v. St. Bernard Parish
School Board, 803 F.2d 129, 132 (5th Cir. 1986). There is no preemption merely
because Congress enacted a statute to promote highway safety.
The judgment is AFFIRMED, essentially for the reasons given by the dis-
trict court in its comprehensive ruling.
2