Moore v. City of Sumter ( 2000 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-1169
    JOE EDWARD MOORE, JR.,
    Plaintiff - Appellant,
    versus
    CITY OF SUMTER, SOUTH CAROLINA; PERRY REGIS-
    TER, Personnel Director; HAROLD B. JOHNSON,
    Chief; PATTY JAYE PATTERSON, Major; AL B.
    ATKINSON, Captain,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia. Matthew J. Perry, Jr., Senior Dis-
    trict Judge. (CA-98-3410-3-10)
    Submitted:   June 20, 2000                 Decided:   August 1, 2000
    Before MURNAGHAN and LUTTIG, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Joe Edward Moore, Jr., Appellant Pro Se.     Kathryn Thomas, GIG-
    NILLIAT, SAVITZ & BETTIS, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Joe Edward Moore, Jr., appeals the district court’s order
    granting summary judgment to the Defendants on his 
    42 U.S.C.A. § 1983
     (West Supp. 2000) complaint.    We have reviewed the record
    and the district’s opinion and find no reversible error with re-
    spect to the grant of summary judgment to the individual Defen-
    dants.   See City of Dallas v. Stanglin, 
    490 U.S. 19
    , 25 (1989);
    Fogarty v. Boles, 
    121 F.3d 886
    , 890 (3d Cir. 1997); Wagner v.
    Wheeler, 
    13 F.3d 86
    , 90-91 (4th Cir. 1993). Moreover, because Moore
    fails to identify any unconstitutional policy, custom, or practice
    of the City of Sumter, South Carolina, we find the district court
    properly granted summary judgment to the City to the extent Moore
    attempted to rely upon a respondeat superior theory.      Monell v.
    Department of Social Servs., 
    436 U.S. 658
    , 694 (1978); Jackson v.
    Long, 
    102 F.3d 722
    , 731 (4th Cir. 1996).   Accordingly, we affirm on
    the reasoning of the district court.   See Moore v. City of Sumter,
    No. CA-98-3410-3-10 (D.S.C. Jan. 18, 2000).   We dispense with oral
    argument because the facts and legal contentions are adequately
    presented in the materials before the court and argument would not
    aid the decisional process.
    AFFIRMED
    2