Summers, et al v. City of Raymond MS

00-60318Court of Appeals for the Fifth Circuit4 oct. 2000

Texte intégral

*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should not be published and is not precedent except under the limited circumstances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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-60318
Summary Calendar
_____________________
A.D. SUMMERS; HAZEL SUMMERS;
RENEE SUMMERS; ALAN SUMMERS,
Plaintiffs-Appellants,
versus
CITY OF RAYMOND, MISSISSIPPI, Etc., ET AL.,
Defendants,
CITY OF RAYMOND, MISSISSIPPI, a municipal corporation,
Defendant-Appellee.
_______________________________________________________
Appeal from the United States District Court for
the Southern District of Mississippi
(USDC No. 3:99-CV-187-LN)
_______________________________________________________
October 2, 2000
Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*

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2
The plaintiffs appeal the district court’s summary judgment for the defendant
City of Raymond. The plaintiffs claim that the City towed the plaintiffs’ cars when
they were parked along the street, but did not tow other cars parked along the same
street. They argue that this is a violation of their right to equal protection. We
agree with the district court, however, that the plaintiffs have not met their burden of
showing that other cars that were the subject of complaint were not towed.
Therefore, they cannot show that they were treated differently than similarly situated
persons, as is required under the Equal Protection Clause. See Village of
Willowbrook v. Olech, 120 S. Ct. 1073, 1074 (2000).
AFFIRMED.

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