Brandon Lavergne v. Brook Broussard

Case: 14-30308 Document: 00512663646 Page: 1 Date Filed: 06/13/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-30308 FILED Summary Calendar June 13, 2014 Lyle W. Cayce Clerk BRANDON SCOTT LAVERGNE, Plaintiff – Appellant v. BROOK MEGAN BROUSSARD, Defendant – Appellee Appeals from the United States District Court for the Western District of Louisiana No. 6:13-cv-2124 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The district court correctly held that it lacked diversity jurisdiction over Plaintiff-Appellant Brandon Scott Lavergne’s suit pursuant to 28 U.S.C. § 1332. Even if the district court had possessed jurisdiction, Lavergne’s claims would have failed under Heck v. Humphrey, 512 U.S. 477 (1994). The district court’s dismissal of Lavergne’s suit is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.