UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11200
CARLOS JACKSON and DANA JACKSON,
Plaintiffs-Appellees,
v.
T. L. WHEELER, ET AL.,
Defendants,
CITY OF DALLAS,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
(3:96-CV-390-R)
August 10, 1999
Before JONES and STEWART, Circuit Judges and DUPLANTIER, District
Judge.*
PER CURIAM:**
The City of Dallas has appealed the injunction issued
against it by the district court, which stops prosecutions now
pending against Carlos Jackson in municipal court for building code
violations and enjoins the City from future bad faith harassment
and prosecutions lacking probable cause. The City argued the
following issues on appeal: that the district court erroneously
*
District Judge of the Eastern District of Louisiana, sitting
by designation.
**
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
found racial discrimination in the prosecutions of Jackson; that
the district court erred in finding bad faith prosecutions in
violation of the Fourth Amendment; that the Younger abstention
doctrine bars the district court’s injunction; and that plaintiffs’
constitutional rights were not violated by any official policy or
custom of the City of Dallas.
We have carefully considered this appeal in light of the
briefs, oral argument and pertinent portions of the record. Having
done so, we find no clear error in the court’s holding that the
City racially discriminated. We do not need to reach whether the
district court correctly held that the prosecutions violated
Jackson’s fourth amendment rights. In light of the court’s finding
of racial discrimination, it did not abuse its discretion or commit
reversible errors of law or fact in narrowly enjoining current
prosecutions and future prosecutions that lack probable cause.
The judgment of the district court is accordingly
AFFIRMED.
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