Filed: May 29, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50927 Summary Calendar JOHN BOLDT; MARY BOLDT Plaintiffs - Appellants v. CITY OF SAN ANTONIO Defendant - Appellee - Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-1007 - May 28, 2001 Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges. PER CURIAM:* John and Mary Boldt appeal the district court’s judgment as a matter of law in favor of the City of San Antonio dismissing
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50927 Summary Calendar JOHN BOLDT; MARY BOLDT Plaintiffs - Appellants v. CITY OF SAN ANTONIO Defendant - Appellee - Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-1007 - May 28, 2001 Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges. PER CURIAM:* John and Mary Boldt appeal the district court’s judgment as a matter of law in favor of the City of San Antonio dismissing t..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50927
Summary Calendar
JOHN BOLDT; MARY BOLDT
Plaintiffs - Appellants
v.
CITY OF SAN ANTONIO
Defendant - Appellee
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CV-1007
--------------------
May 28, 2001
Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges.
PER CURIAM:*
John and Mary Boldt appeal the district court’s judgment as
a matter of law in favor of the City of San Antonio dismissing
their 42 U.S.C. § 1983 action to recover monetary damages for
property damage caused when city employees entered and cleared a
portion of their property while conducting a flood-control
project. The Boldts argue that the City is liable because the
City had a de facto policy of entering private property to do
flood control and drainage work without first ascertaining the
ownership, providing notice, and obtaining the property owner’s
*
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that this opinion should not be published and is not precedent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.
No. 00-50927
-2-
permission. Because the Boldts did not present evidence that the
City made a deliberate choice to follow a practice or policy of
entering private property without providing notice and obtaining
permission from property owners, they have not shown that their
property was damaged pursuant to an unconstitutional policy. See
Pembaur v. City of Cincinnati,
475 U.S. 469, 483-84 (1986); City
of Oklahoma City v. Tuttle,
471 U.S. 808, 823-24 (1985)(plurality
opinion).
The Boldts also argue that the City is liable because the
City failed to train its employees adequately to provide notice
and obtain permission before entering private property. The
evidence established that the City immediately adopted a policy
of requiring its employees to provide notice and obtain
permission before entering private property after the Boldts’
property was damaged. The Boldts have not shown that city
policy-makers continued to adhere to an unconstitutional practice
or consciously disregarded the need to prevent tortious conduct.
See Bd. of Comm’rs of Bryan County v. Brown,
520 U.S. 397, 407
(1997); City of Canton v. Harris,
489 U.S. 378, 385 (1989).
Therefore, they have not shown that the City’s not training its
employees in procedures for determining land ownership rose to
the level of a constitutional violation. See Bryan
County, 520
U.S. at 407;
Canton, 489 U.S. at 385.
AFFIRMED.