Opinion
No. 06-40736.
March 16, 2007.
Scot G. Dollinger, Dollinger Law, Houston, TX, for Plaintiffs-Appellants.
William S. Helfand, Chamberlain, Hrdlicka, White, Williams Martin, Houston, TX, for Defendant-Appellee.
On Appeal from the United States District Court for the Southern District of Texas, Galveston Division, Docket No. 3:05-CV-545.
Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.
The court has heard oral argument and reviewed the briefs and pertinent portions of the record. As the district court found, the appellants failed to establish that a § 1983 cause of action exists in the Fifth Circuit on the state-created-danger theory under these facts. See Saenz v. Heldenfels Bros., Inc., 183 F.3d 389 (5th Cir. 1999). Accordingly, there can be no municipal liability.
AFFIRMED.