Filed: Jan. 12, 1998
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 97-30037 Summary Calendar _ PATRICIA MUGGIVAN; JOHN MUGGIVAN, Plaintiffs-Appellants, versus CLYDE MCLEOD, ET AL., Defendants, CLYDE MCLEOD; JEFFERSON PARISH SCHOOL BOARD, Defendants-Appellees. _ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CV-3849 _ November 28, 1997 Before JONES, SMITH and STEWART, Circuit Judges. PER CURIAM:1 Patricia and John Muggivan appeal the district court’s grant
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 97-30037 Summary Calendar _ PATRICIA MUGGIVAN; JOHN MUGGIVAN, Plaintiffs-Appellants, versus CLYDE MCLEOD, ET AL., Defendants, CLYDE MCLEOD; JEFFERSON PARISH SCHOOL BOARD, Defendants-Appellees. _ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CV-3849 _ November 28, 1997 Before JONES, SMITH and STEWART, Circuit Judges. PER CURIAM:1 Patricia and John Muggivan appeal the district court’s grant o..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 97-30037
Summary Calendar
_______________________
PATRICIA MUGGIVAN; JOHN MUGGIVAN,
Plaintiffs-Appellants,
versus
CLYDE MCLEOD, ET AL.,
Defendants,
CLYDE MCLEOD; JEFFERSON PARISH SCHOOL BOARD,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CV-3849
_________________________________________________________________
November 28, 1997
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:1
Patricia and John Muggivan appeal the district court’s
grant of summary judgment in favor of the defendants in a civil
rights action alleging that Patricia Muggivan was terminated from
her employment, as a tenured special education teacher, in
violation of their constitutional rights. The Muggivans argue
that their claims are not time-barred and that they are not
governed by res judicata.
1
Pursuant to Local Rule 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should not be published and is not precedent except under the limited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 Local Rule 47.5.4.
The Muggivans have abandoned her claims against the
judicial defendants, the State of Louisiana, Clyde McLeod, and
Jefferson Parish by failing to raise and brief arguments
challenging their dismissal by the district court. See Brinkmann
v. Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th
Cir. 1987). The Muggivans have also abandoned their claims under
the Individuals with Disabilities Act, 20 U.S.C. § 1400 et seq.
As to the remaining claims, the Muggivans argue they are
not time-barred because Patricia Muggivan’s prior state court
suit interrupted prescription. See Parker v. Southern Am. Ins.
Co.,
590 So. 2d 55, 56 (La. 1991). First, John Muggivan was not a
party to the state-court proceeding; therefore, his claims are
barred by prescription. Second, even if Patricia Muggivan’s
claims are not barred by prescription because of the prior state
court suit, we have reviewed the briefs and the record and
conclude that the district court did not err in granting summary
judgment in favor of the defendants. Patricia Muggivan has not
raised a legitimate federal challenge to her termination.
Further, even if she had alleged a constitutional violation, this
court accords full faith and credit to the state court’s
judgment. See Allen v. McCurry,
449 U.S. 90, 95-96,
101 S. Ct.
411, 415-16 (1980). For these reasons, the judgment of the
district court is AFFIRMED.
AFFIRMED.
2