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Story Archives: Fifth Circuit affirms dismissal of Delta Fuel lawsuit
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Fifth Circuit affirms dismissal of Delta Fuel lawsuit
A three-judge panel with the U.S. Fifth Circuit Court of Appeals in New Orleans has affirmed a federal judge's ruling dismissing a lawsuit filed by Delta Fuel of Ferriday last year.
Delta Fuel filed suit in July 2011 against former Sheriff Randy Maxwell, District Attorney Brad Burget, Louisiana Attorney General James "Buddy" Caldwell and the Louisiana Department of Justice claiming the they "acted with malice and/or reckless indifference to Delta's lawfully protected constitutional rights."
The Fifth Circuit panel, comprised of Judges Patrick Higgonbothan, W. Eugene Davis and Jennifer Walker Elrod, affirmed the decision handed down by Judge James D. Kirk and "found no error in the magistrate judge's recommendations."
The Fifth Circuit reported:
"Delta alleged that the defendants individually and as co-conspirators violated its clearly established rights to protect its property, to access the courts, and to be treated equally under the law. Its claims were based on the state's dismissal of criminal charges against Barry (Mitchell) Maxwell, a former Delta employee, following the state trial judge's rejection of a plea deal. The defendants moved to dismiss Delta's complaint pursuant to FED. R. CIV. P. 12(b)(6)."
The Fifth Circuit noted that "Delta failed to state a cognizable conspiracy claim or claim of deprivation of a civil right under § 1983 and had not and could not set forth facts establishing a conspiracy or violation of constitutional rights under § 1985. The district court adopted the magistrate judge's report and recommendations in full and entered judgment for the defendants."For the full story, subscribe to the The Concordia Sentinel's NEW E-Edition! |
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