Legal Opinion
Errol Houston, Jr. v. New Orleans City
Court of Appeals for the Fifth Circuit
Decided March 14, 2012No. 11-30198PublishedCited by 8 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
In this action under, inter alia, 42 U.S.C. § 1983, Errol Houston, Jr., claims defendants violated his Fourteenth Amendment rights (to keep and bear arms, incorporated from Second Amendment, and to due process) by retaining his lawfully-seized firearm after the district attorney refused charges. The action was dismissed under Federal Rule of Civil Procedure 12. AFFIRMED.
I
As noted, dismissal was under Rule 12, as also discussed infra. Accordingly, the facts that follow are from the allegations in Houston’s complaint.
Houston was arrested by New Orleans…
2Cases cited28 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
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3Cited by8 opinions
- Eugene Frein v. Pennsylvania State PoliceCourt of Appeals for the Third Circuit · 2022
- Clifford Tyler v. Hillsdale County Sheriff's Dep'tCourt of Appeals for the Sixth Circuit · 2014
- National Rifle Ass'n v. Bureau of Alcohol, Tobacco, Firearms, & ExplosivesCourt of Appeals for the Fifth Circuit · 2013
- Mance v. SessionsCourt of Appeals for the Fifth Circuit · 2018
- Errol Houston, Jr. v. New Orleans CityCourt of Appeals for the Fifth Circuit · 2012
3 more not listed; retrieve them via the Exa API.