Filed: Sep. 07, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50030 Summary Calendar ROGER R. CAVAZOS; RACHEL A. CAVAZOS, Plaintiffs-Appellants, versus AL PHILIPPUS, Chief of Police, Individually, and in his Official Capacity; CITY OF SAN ANTONIO, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-00-CV-304 - - - - - - - - - - September 7, 2001 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges. PER CURI
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50030 Summary Calendar ROGER R. CAVAZOS; RACHEL A. CAVAZOS, Plaintiffs-Appellants, versus AL PHILIPPUS, Chief of Police, Individually, and in his Official Capacity; CITY OF SAN ANTONIO, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-00-CV-304 - - - - - - - - - - September 7, 2001 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges. PER CURIA..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50030
Summary Calendar
ROGER R. CAVAZOS; RACHEL A. CAVAZOS,
Plaintiffs-Appellants,
versus
AL PHILIPPUS, Chief of Police,
Individually, and in his Official
Capacity; CITY OF SAN ANTONIO,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CV-304
- - - - - - - - - -
September 7, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Roger Cavazos, a San Antonio police officer, and his wife
Rachel filed this civil action against Chief of Police Al
Philippus and the City of San Antonio, alleging that Roger
Cavazos had been suspended from the police force in violation of
his due process, equal protection, and First Amendment rights, as
well as various state laws. Cavazos alleged that he was
suspended in retaliation for his having filed a criminal
*
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that this opinion should not be published and is not precedent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. 01-50030
-2-
complaint against a fellow officer, after the fellow officer
allegedly assaulted Cavazos; Cavazos had been carrying on an
affair with the officer’s wife. Cavazos appeals from the
district court’s granting of a motion for summary judgment filed
by the defendants.
On appeal, the Cavazos have abandoned any claims made under
state law and any claims made by Rachel Cavazos, because they
have failed to argue such claims in their appellate brief. See
Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993); FED.
R. APP. P. 28(a)(9).
The plaintiffs effectively abandoned claims that the
defendants’ actions violated Roger Cavazos’ due process and equal
protection rights by failing to argue those claims in the
plaintiffs’ opposition to the defendants’ summary-judgment
motion. See Hargrave v. Fibreboard Corp.,
710 F.2d 1154, 1164
(5th Cir. 1983). The district court in any event did not err in
granting summary judgment as to those claims. See FED. R. CIV. P.
56(c), (e); Celotex Corp. v. Catrett,
477 U.S. 317, 325 (1986).
Cavazos failed to demonstrate that either his substantive or
procedural due process rights were violated because he failed to
show that he was deprived of a constitutionally protected
property right. See State of Texas v. Lollar,
142 F.3d 813, 818
(5th Cir. 1998); Bryan v. City of Madison,
213 F.3d 267, 274 (5th
Cir. 2000), cert. denied,
121 S. Ct. 1081 (2001). Cavazos’ equal
protection claim was also meritless because he has failed to
alleged specifically how “similarly situated” persons were
No. 01-50030
-3-
treated differently from him. See Mayaab v. Johnson,
168 F.3d
863, 870 (5th Cir. 1999).
Finally, the district court did not err in granting summary
judgment as to Cavazos’ First Amendment free speech claim.
Cavazos failed to demonstrate that his complaint against the
fellow officer was speech that involved matters of “public
concern.” See Harris v. Victoria Indep. Sch. Dist.,
168 F.3d
216, 221 (5th Cir.), cert. denied,
528 U.S. 1022 (1999).
The judgment of the district court is AFFIRMED.