Guilbeau v. St Landry Parish, et al

Filing 920090821

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-31182 August 21, 2009 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 Parish 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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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 Amendment'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 district court in its comprehensive ruling.

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