Burley v. Gorman

No. 98-31169 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31169 Conference Calendar WILLIE M. BURLEY, Plaintiff-Appellant, versus SHERRY L. GORMAN, ETC; ET AL. Defendants, ALFRED THERIOT, JR.; JOHNNY MARINO, and his liability insurance carrier; JAMES MORGAN; GREGORY CHAMPAGNE, and his liability insurance carrier, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-2373-F - - - - - - - - - - August 26, 1999 Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Willie M. Burley appeals from the magistrate judge’s entry of summary judgment for the defendants-appellees. We hold that St. Charles Parish Detective Alfred Theriot, Jr., is entitled to qualified immunity in connection with Burley’s arrest and incarceration. See Malley v. Briggs, 475 U.S. 335, 344-45 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-31169 -2- (1986); see Morin v. Caire, 77 F.3d 116, 122 (5th Cir. 1996). Burley’s state-law claims fail because he “present[ed] no factual evidence indicating either malice or an ulterior motive on the part of [Theriot].” Morin, 77 F.3d at 122-23. Burley has abandoned any claims against defendants-appellees other than Theriot by failing to brief any argument in connection therewith. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). AFFIRMED.