Morrison v. City of Baton Rouge
Citation | 614 F.2d 77 |
Decision Date | 20 March 1980 |
Docket Number | No. 79-2532,79-2532 |
Parties | Mrs. Susie Lite MORRISON and Clarence Morrison, Sr., Mother and Father of Deceased Clarence Morrison, Jr., suing on their behalf and as Administrators of Clarence Morrison, Jr., Plaintiffs- Appellants, v. CITY OF BATON ROUGE et al., Defendants-Appellees. Summary Calendar. * |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Murphy W. Bell, Baton Rouge, La., for plaintiffs-appellants.
Watson, Blanche, Wilson & Posner, George K. Anding, Jr., Baton Rouge, La., for defendants-appellees.
Appeal from the United States District Court for the Middle District of Louisiana.
Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.
This action, filed pursuant to 42 U.S.C.A. §§ 1983, 1985, 1988 and the 14th Amendment arose out of an unfortunate incident in which the Appellants' son, a fourteen-year-old black boy, was shot and killed by a white Baton Rouge police officer. The Morrisons sued the City, the Mayor, the Chief of Police, the police officer and the District Attorney for East Baton Rouge Parish, alleging a violation of their son's constitutional rights by the Baton Rouge Police Department's "policy of summary punishment of blacks by white policemen when the former (are) found in incriminating situations."
The particular allegation against the District Attorney, Ossie B. Brown, was that he used the grand jury investigation procedure as a "legal backup" to support these arbitrary actions by the police department. The District Court granted Brown's motion to dismiss the action because the complaint failed to state a claim against the defendant upon which relief could be granted, relying on Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), which establishes immunity for District Attorneys from suits arising out of performance of their prosecutorial duties. The Morrisons now appeal this ruling.
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Morrison v. City of Baton Rouge
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