Epps v. State of MS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-60269 Summary Calendar CLIFTON J. EPPS, Plaintiff-Appellant, versus STATE OF MISSISSIPPI; JESSIE HOPKINS; LARRY SAXTON; PATRICK MUNDAY; CHARLOTTE OSWALT; DAVID MCMILLIAN; JIMMY DIXON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:94-CV-773LN - - - - - - - - - - October 10, 1996 Before JONES, DeMOSS and PARKER, Circuit Judges. PER CURIAM:* Mississippi prisoner Clifton J. Epps, No. C43419, appeals the district court’s dismissal of his civil rights suit against the State of Mississippi; Mississippi probation officers Patrick Munday, David McMillan, and Susan Oswalt; Madison County Sheriff Jessie Hopkins; and Madison County Sheriff’s Department * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-60269 - 2 - detectives Larry Saxton and Jimmy Dixon. Epps does not argue that the district court erred by dismissing his claims against the State, his official-capacity claims against defendants Munday and McMillan, his claims against defendant Oswalt, or his claim based on an alleged wrongful seizure of property. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Epps’s claims against defendants Hopkins, Saxton, and Dixon have not accrued because his allegations implicate the validity of his conviction, which has not been invalidated or called into question by a state or federal court. Heck v. Humphrey, 114 S. Ct. 2364, 2372 (1994). The uncontroverted summary-judgment evidence shows that the actions of defendants Munday and McMillan were objectively reasonable. See Rankin v. Klevenhagen, 5 F.3d 103, 105 (5th Cir. 1993). AFFIRMED.