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
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The court held that it lacked jurisdiction to hear the appeal because the district court failed to enter a final judgment under Rule 54(b).
Appellants sued police and the District Attorney after their son was killed by an officer, alleging constitutional violations and improper use of gran…
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PER CURIAM:
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 defend ant 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.
Although the District Court dismissed the action against this particular party, it did not enter a final judgment to that effect in accordance with F.R.Civ.P. 54(b). In the absence of a certificate complying with this rule, there is no appealable final judgment, and we have no jurisdiction to consider this appeal. Cason v. Owen, 578 F. 2d 572, 574 (5th Cir. 1978); Kirtland v. J. Ray McDermott & Co., 568 F. 2d 1166, 1168-69 (5th Cir. 1978). Therefore, the appeal is
DISMISSED.
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Arango v. Guzman Travel Advisors Corp., 621 F.2d 1371 (5th Cir. 1980)
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Mrs. Susie Lite Morrison v. City OF Baton Rouge, 761 F.2d 242 (5th Cir. 1985)
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Wordy Jack Thompson, Jr. v. Judge Charles O. Betts, 754 F.2d 1243 (5th Cir. 1985)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Imbler v. Pachtman, 424 U.S. 409 (U.S. 1976)
- Coy E. Kirtland v. J. RAY McDERMOTT & Co., 568 F.2d 1166 (5th Cir. 1978)
- Cason v. Owen, 578 F.2d 572 (5th Cir. 1978)