William (Bob) Brown v. Wiley C. Edwards and All Other Constables in the State of Mississippi

GARWOOD, Circuit Judge:

At issue in this section 1983 action for damages, injunctive relief, and a declaratory judgment, is the Mississippi fee system for constables, Miss.Code Ann. § 25-7-27 (Supp.1982), 1 which the appellant claims im pairs his right to an objective probable cause determination as required by the Fourth Amendment and the due process clause of the Fourteenth Amendment by compensating constables ten dollars for each charge they make which results in a conviction. 2 The district court dismissed the plaintiff-appellant’s suit on motion for summary judgment partly on procedural…