Guilbeau v. Parish of St. Landry , 341 F. App'x 974 ( 2009 )


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  •            IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 21, 2009
    No. 08-31182
    Charles R. Fulbruge III
    Clerk
    MERLIN C. GUILBEAU,
    Plaintiff-Appellant,
    versus
    PARISH OF ST. LANDRY; ST. LANDRY PARISH GOVERNMENT,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Western District of Louisiana
    No. 6:06-CV-185
    Before REAVLEY, SMITH, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Merlin Guilbeau obtained a state-court judgment against St. Landry Par-
    ish for injuries he received in an accident on a negligently-maintained road, but
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
    No. 08-31182
    he was never paid. He sued under 
    42 U.S.C. § 1983
    , claiming that the refusal
    to pay, based on L A. R EV. S TAT. § 13:5109(B)(2), violated the Fourteenth Amend-
    ment’s Due Process Clause and that the Highway Safety Act of 1966, 
    23 U.S.C. § 402
    , preempts the state statute. After a bench trial, the district court denied
    relief.
    The constitutional argument is foreclosed by Minton v. St. Bernard Parish
    School Board, 
    803 F.2d 129
    , 132 (5th Cir. 1986). There is no preemption merely
    because Congress enacted a statute to promote highway safety.
    The judgment is AFFIRMED, essentially for the reasons given by the dis-
    trict court in its comprehensive ruling.
    2
    

Document Info

Docket Number: 08-31182

Citation Numbers: 341 F. App'x 974

Judges: Dennis, Per Curiam, Reavley, Smith

Filed Date: 8/21/2009

Precedential Status: Non-Precedential

Modified Date: 8/2/2023