Craig, et al v. Grant Prsh Plce Jury, et al

United States Court of Appeals
Fifth Circuit
F I L E D
September 3, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30200
Summary Calendar
ROBERT CRAIG; CLARENCE E. SCOTTSVILLE;
BOBBIE J. MCFARLAND,
Plaintiffs-Appellees,
versus
GRANT PARISH POLICE JURY; W. C. HOLLOWAY,
Individually and as a Member of the Grant Parish Police
Jury; JULIUS FRED SCOTT, Individually and as a Member
of the Grant Parish Police Jury; MICHAEL L. BROWN,
Individually and as a Member of the Grant Parish Police
Jury; DONNIE BROWN, Individually and as a Member
of the Grant Parish Police Jury; MARVIN DELONG,
Individually and as a Member of the Grant Parish Police
Jury; BOBBY JOE CHELETTE, Individually and as a
Member of the Grant Parish Police Jury; MELVIN E. GENE
ALLEN, Individually and as a Member of the Grant Parish
Police Jury,
Defendants-Appellants.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 03-CV-147)
_______________________________________________________
Before REAVLEY, BENAVIDES and CLEMENT, Circuit Judges.

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*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should not be published and is not precedent except under the limited circumstances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.
2
PER CURIAM:*
The members of the Grant Parish Police Jury appeal the denial of their
12(b)(6) motion, urging their immunity. We affirm for these reasons:
1. The pleading does not allege action necessarily legislative in nature, as
the district judge explained.
2. The pleading alleges an uncompensated taking without notice to benefit
someone other than for a public purpose.
AFFIRMED.

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