Alston v. Town of Winnsboro

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1205 LADERRICK L. ALSTON, a/k/a Michael Mike Alston, Plaintiff - Appellant, versus TOWN OF WINNSBORO; JAMES JIMMY BURROUGHS, in his individual capacity, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief Dis- trict Judge. (CA-00-662-0-17) Submitted: May 17, 2001 Decided: May 23, 2001 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. LaDerrick L. Alston, Appellant Pro Se. Daniel Roy Settana, Jr., MCKAY, MCKAY & SETTANA, P.A., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: LaDerrick L. Alston appeals the district court’s order and judgment granting summary judgment to the Town of Winnsboro and James Jimmy Burroughs and dismissing Alston’s civil rights complaint. We have reviewed the record and find no reversible error. As for Alston’s claim that Burroughs did not have probable cause to arrest him and did not seek to have the charges dismissed after it was revealed that Alston was innocent, we find that Burroughs was entitled to qualified immunity. See Porterfield v. Lott, 156 F.3d 563 (4th Cir. 1998). We further find that Alston did not establish a claim against the Town of Winnsboro. See Doe v. Broderick, 225 F.3d 440, 455-56 (4th Cir. 2000). Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2