IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60263
Conference Calendar
HARRY VINSON,
Plaintiff-Appellant,
versus
WILLIAM (BILL) BENSON, His Agents and Assigns;
STATE FARM FIRE & CASUALTY COMPANY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:99-CV-156-P-D
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October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Harry Vinson appeals the district court’s Fed. R. Civ. P.
12(b)(6) dismissal of his claims against William Benson, a
Mississippi Chancery Court Clerk and the court-appointed
conservator of Vinson’s parents, and Benson’s insurer, State Farm
Fire & Casualty Company (“State Farm”). Vinson’s 42 U.S.C.
§ 1983 complaint alleged that his constitutional rights had been
violated by Benson’s breach of his fiduciary duty and oath of
office as conservator for Vinson’s parents.
*
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that this opinion should not be published and is not precedent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. 00-60263
-2-
In serving as conservator for Vinson’s parents, Benson was
acting as a Chancery Clerk fulfilling a Chancery Court order.
Benson is thus entitled to absolute immunity from liability for
his actions as conservator. See Williams v. Wood, 612 F.2d 982,
985 (5th Cir. 1980) (holding that a clerk of court has absolute
immunity for nonroutine actions performed under command of a
court decree or under the explicit instructions of a judge).
Consequently, State Farm, which has been sued only in its
capacity as Benson’s insurer, is also without liability. The
district court did not err in dismissing Vinson’s § 1983 action
on the basis of Benson’s entitlement to quasi-judicial immunity,
and Vinson’s appeal is frivolous.
Vinson is advised that the sanctions warning issued in
Vinson v. Colom, No. 99-60826 (5th Cir. July 27, 2000), now
extends to all frivolous appeals related to the administration of
the conservatorship over Vinson’s parents. This appeal is
DISMISSED. See 5th Cir. R. 42.2.