Ritter v. Hawthorne

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 95-30672

Summary Calendar

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Wallace Ray Ritter, Plaintiff-Appellee

versus

Ricky Hawthorne; Roger Smith, Defendants,

and The Village of Sun, Defendant-Appellant.

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Appeal from the United States District Court for the Eastern District of Louisiana (CA-94-2249-E)

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January 15, 1996

Before KING, SMITH and BENAVIDES, Circuit Judges. Per Curiam:*

The Village of Sun, Louisiana, appeals from a denial of summary judgment. Sun contends that it is protected from suit by

*

Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

2

the Eleventh Amendment of the United States Constitution. We have reviewed the record and the district court's order and find no reversible error. Sun is a municipal corporation in Louisiana, is not an "arm of the state," and is not entitled to the immunity afforded the State of Louisiana under the Eleventh Amendment. Accordingly, we affirm for essentially the reasons given by the district court. AFFIRMED.