Warren Wallace, et al v. Slidell City, et al

Filing

UNPUBLISHED OPINION FILED. [16-30485 Affirmed ] Judge: EHJ , Judge: RHB , Judge: GJC. Mandate pull date is 01/09/2017 [16-30485]

Case: 16-30485

Document: 00513802511

Page: 1

Date Filed: 12/19/2016

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 16-30485

December 19, 2016
Lyle W. Cayce
Clerk

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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

Case: 16-30485

Document: 00513802511

Page: 2

Date Filed: 12/19/2016

No. 16-30485
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.

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