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Wallace v. Slidell City

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Dec 19, 2016
No. 16-30485 (5th Cir. Dec. 19, 2016)

Opinion

No. 16-30485

12-19-2016

WARREN M. WALLACE, Individually; as Natural Tutor of Z. W. W., a Minor Child; JOSHUA W. WALLACE, Individually; as Natural Tutor of Z. W. W., a Minor Child; MATTHEW W. WALLACE, Individually; as Natural Tutor of Z. W. W., a Minor Child; DEVYN A. CRADDOCK, Individually; as Natural Tutor of Z. W. W., a Minor Child; RAYNELL B. WALLACE, Individually; as Natural Tutor of Z. W. W., a Minor Child; JILLIUN R. WALLACE, Individually; as Natural Tutor of R. W., a Minor Child, Plaintiffs - Appellants v. SLIDELL CITY; RANDY SMITH, Individually; in his official capacity; THOMAS MCNULTY, Individually; in his official capacity; KEITH MCQUEEN, Individually; in his official capacity; KEVIN REA, Individually; in his official capacity; CHARLES ESQUE, Individually; in his official capacity, Defendants - Appellees


Appeal from the United States District Court for the Eastern District of Louisiana
USDC No. 2:15-CV-383 Before JONES, BARKSDALE, and COSTA, Circuit Judges. PER CURIAM:

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. --------

The dismissal at issue, pursuant to Federal Rule of Civil Procedure 12(b)(6), centers on the application of Heck v. Humphrey, 512 U.S. 477, 487 (1994) (precluding civil actions that "necessarily imply the invalidity of [a] conviction or sentence"). Our having considered the briefs and oral argument in our court, as well as the pertinent parts of the record, including the operative complaint, the dismissal was proper, essentially for the reasons stated by the district court. Wallace v. City of Slidell, La., No. 2:15-cv-383, 2016 WL 1223065 (E.D. La. 28 Mar. 2016).

AFFIRMED.


Summaries of

Wallace v. Slidell City

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Dec 19, 2016
No. 16-30485 (5th Cir. Dec. 19, 2016)
Case details for

Wallace v. Slidell City

Case Details

Full title:WARREN M. WALLACE, Individually; as Natural Tutor of Z. W. W., a Minor…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Dec 19, 2016

Citations

No. 16-30485 (5th Cir. Dec. 19, 2016)

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Wallace v. City of Slidell, No. CV 15-383, 2016 WL 1223065, at *4 (E.D. La. Mar. 29, 2016), aff'd sub nom.…