IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30320
Summary Calendar
WILLIAM R. VANDERWALL,
Plaintiff-Appellant,
versus
LANE CARSON,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CV-3419-L
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August 6, 2001
Before JOLLY, DAVIS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
William R. Vanderwall appeals the district court’s dismissal
of his civil rights lawsuit filed pursuant to 42 U.S.C. § 1981
against Lane Carson, the Assistant District Attorney for St.
Tammany Parish. The basis of Vanderwall’s suit is the dismissal
of a lawsuit in state court due to abandonment.** Carson
represented St. Tammany Parish in the state court suit.
Vanderwall alleged that Carson influenced others “to participate
in widespread governmental wrongdoing” with regard to his state
*
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this opinion should not be published and is not precedent except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.
**
See La. Code Civ. P. art. 561(A)(1)(providing that a suit
is abandoned after three years of nonactivity).
No. 01-30320
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suit seeking the removal from his property of a public road. The
district court concluded that Vanderwall failed to state a claim
under 42 U.S.C. § 1981. Finding Vanderwall’s claims more
analogous to those of an action under 42 U.S.C. § 1983, the
district court analyzed them as such and dismissed them on the
basis of prosecutorial immunity. Vanderwall now contends that it
was his intention to sue under 42 U.S.C. §§ 1983, 1985, and 1996.
Carson’s actions in the state court litigation were those of
an advocate and, as such, were protected by immunity. See Kalina
v. Fletcher, 522 U.S. 118, 127 (1997); Imbler v. Pachtman, 424
U.S. 409, 410, 430-31 (1976). Bare allegations of constitutional
violations or of the existence of a conspiracy are insufficient
to state a civil rights claim. Fernandez-Montes v. Allied Pilots
Ass’n, 987 F.2d 278 (5th Cir. 1983). Vanderwall’s allegation
that Carson violated his constitutional rights via a conspiracy
is unsupported by either the facts he alleges or the state
pleadings in the record. The district court did not err in
dismissing Vanderwall’s suit.
AFFIRMED.