IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30138
Summary Calendar
MARSHA HARRIS,
Plaintiff-Appellant,
versus
BUDDY WILSON; LLOYD MOSSEY;
DERRICK EVANS; JOHN LAWTON
Defendants-Appellees.
_________________________________________
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 99-CV-258-D
_________________________________________
July 19, 2001
Before POLITZ, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Marsha Harris appeals the summary judgment dismissal of her claims under
42 U.S.C. §§ 1983 and 1985 and the dismissal, without prejudice, of her state law
claims against Richard “Buddy” Wilson, Constable of the City of Baton Rouge, and
deputy constables Lloyd Mossey, Derrick Evans, and John Lawton.
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
A full examination of the summary judgment evidence compels our agreement
with the district court that the undisputed facts establish that the deputies were
within their legal authority in being present on the Harris property in an attempt to
arrest Broderick Hatter, that the defendants did not enter Harris’ residence, and that
they did not touch Harris or arrest her.
Harris contends on appeal that the deputies engaged in unlawful intimidation
by issuing a summons to her for questioning the propriety of their actions. This
claim was not raised in the complaint, as amended, and we “will not allow a party to
raise an issue for the first time on appeal merely because a party believes that he
might prevail if given the opportunity to try a case again on a different theory."1
The district court dismissed Harris’ federal property damage claim, referring
to the Parratt/Hudson doctrine.2 Harris neither argues nor submits authorities on the
district court’s application of the Parratt/Hudson doctrine and we have no occasion
to address it.3
AFFIRMED.
1
Forbush v. J.C.Penney Co., 98 F.3d 817, 822 (5th Cir. 1996).
2
Parratt v. Taylor, 451 U.S. 527 (1981), overruled on other grounds, Daniels v. Williams,
474 U.S. 327 (1986); Hudson v. Palmer, 468 U.S. 517(1984).
3
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744
(5th Cir. 1987).
2