Whitty v. New Orleans Police Department
This text of 239 F. App'x 89 (Whitty v. New Orleans Police Department) 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.
Opinion
We affirm the district court’s dismissal without prejudice of Nancy Marian Whiffy's suit brought pursuant to 42 U.S.C. § 1983. Her complaint does not allege any facts that would substantiate her conclusory claim that her First and Fourteenth Amendment rights were violated. See Amaud v. Odom, 870 F.2d 304, 307 (5th Cir.1989) (“A plaintiff may not ... plead merely conclusory allegations to successfully state a section 1983 claim, but must instead set forth specific facts which, if proven, would warrant the relief sought.”); Fed.R.Civ.P. 12(b)(6).
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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239 F. App'x 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitty-v-new-orleans-police-department-ca5-2007.