Bradshaw v. Thompson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-60570 Summary Calendar JIM BRADSHAW, Plaintiff-Appellant, versus WILLIE ED THOMPSON, Individually and in his official capacity as Deputy Sheriff of Benton County, Mississippi; DANNY JOE SMITH, individually and in his official capacity as Deputy Sheriff of Benton County, Mississippi; ALBERT ARNOLD McMULLEN, individually and in his official capacity as Sheriff of Benton County, Mississippi, Defendants-Appellees. Appeal from the United States District Court For the Northern District of Mississippi (3:96-CV-9-B-A) January 15, 1997 Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges. PER CURIAM:* Jim Bradshaw appeals the district court’s dismissal of his complaint under Fed. R. Civ. P. 12(b)(1). The district court found * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. that Bradshaw had released his right to pursue civil claims against the appellees in exchange for the dismissal of criminal charges against him. Bradshaw claims that the district court erred in failing to apply the Supreme Court’s analysis in Newton v. Rumery, 480 U.S. 386 (1987), to assess the validity of the release- dismissal agreement. We affirm for essentially the reasons stated by the district court. AFFIRMED. 2