Horne v. City of San Antonio

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-51068 Summary Calendar MICHAEL ANTHONY HORNE Plaintiff - Appellant v. CITY OF SAN ANTONIO; ET AL Defendants CITY OF SAN ANTONIO, BEXAR COUNTY, TEXAS, Defendants - Appellees -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CV-472-FB -------------------- December 1, 2000 Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM:* Michael Anthony Horne has appealed the district court’s grant of summary judgment to the defendants in his 42 U.S.C. § 1983 civil rights action. We AFFIRM. Horne argues that he was arrested and detained in violation of his constitutional rights due to the policies or customs of the defendants. A 42 U.S.C. § 1983 complaint against a municipality must identify the policy, connect the policy to the municipality, and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-51068 -2- show that the particular injury occurred because of the execution of the policy. Bennett v. City of Slidell, 728 F.2d 762, 767 (5th Cir. 1984)(en banc). Our de novo review of the record reveals that Horne has failed to meet his burden under Bennett. Accordingly, the summary judgment on the merits of Horne’s claims against the defendants is AFFIRMED.