Thermon L. Kinney v. Louie Johnson

Fifth Circuit

Thermon L. Kinney v. Louie Johnson

319 F.2d 123, 1963 U.S. App. LEXIS 4919

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 19, 1963

Docket20330

StatusPublished

Cited by1 cases

This text of 319 F.2d 123 (Thermon L. Kinney v. Louie Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thermon L. Kinney v. Louie Johnson, 319 F.2d 123, 1963 U.S. App. LEXIS 4919 (5th Cir. 1963).

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Opinion

PER CURIAM.

This is an appeal from a dismissal for failure to state a claim upon which relief *124 can be granted in an action brought under the Civil Rights Statutes. 1 The action was brought by appellant against his wife and the sheriff and two deputy sheriffs of Warren County, Georgia. The complaint alleges that appellant was deprived of rights guaranteed to him by the Fourteenth Amendment growing out of his arrest by the officers upon a war-ant legally issued upon the wife’s affidavit. The warrant charged him with kidnaping his own child.

Taking all the allegations of the complaint to be true, it is plain that appellant was deprived of no federally-protected right. The judgment appealed from is

Affirmed.

1

. 42 U.S.C.A. § 1983.

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PER CURIAM.

This is an appeal from a dismissal for failure to state a claim upon which relief *124 can be granted in an action brought under the Civil Rights Statutes. 1 The action was brought by appellant against his wife and the sheriff and two deputy sheriffs of Warren County, Georgia. The complaint alleges that appellant was deprived of rights guaranteed to him by the Fourteenth Amendment growing out of his arrest by the officers upon a war-ant legally issued upon the wife’s affidavit. The warrant charged him with kidnaping his own child.

Taking all the allegations of the complaint to be true, it is plain that appellant was deprived of no federally-protected right. The judgment appealed from is

Affirmed.

1

. 42 U.S.C.A. § 1983.

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319 F.2d 123, 1963 U.S. App. LEXIS 4919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thermon-l-kinney-v-louie-johnson-ca5-1963.

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