Whittyv.New Orleans Police Dept

United States Court of Appeals, Fifth CircuitAug 31, 2007
239 Fed. Appx. 89 (5th Cir. 2007)

No. 06-31115 Summary Calendar.

August 31, 2007.

Ashton R. O'Dwyer, Jr., New Orleans, LA, for Plaintiff-Appellant.

James B. Mullaly, City Attorney's Office for the City of New Orleans, New Orleans, LA, for Defendants-Appellees.

Appeal from the United States United States District Court for the Eastern District of Louisiana, USDC No. 2:06-CV-1835.

Before WIENER, GARZA, and PRADO, Circuit Judges.

We affirm the district court's dismissal without prejudice of Nancy Marian Whitty's suit brought pursuant to 42 U.S.C. § 1983. Her complaint does not allege any facts that would substantiate her conelusory claim that her First and Fourteenth Amendment rights were violated. See Arnaud v. Odom, 870 F.2d 304, 307 (5th Cir. 1989) ("A plaintiff may not . . . plead merely conclusory allegations to successfully state a section 1983 claim, but must instead set forth specific facts which, if proven, would warrant the relief sought."); FED.R.CIV.P. 12(b)(6).