Kinney v. Johnson

Fifth Circuit Court of Appeals

Decided June 19, 1963.

Fifth Circuit Court of Appeals · decided 1963-06-19

Cited by 3 later decisions — most recently January 1970

3 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1963-06-19

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¶1Jack M. Thornton, Columbus, Ga., for appellant.

¶2Henry T. Chance, Augusta, Ga., Harris, Chance, McCracken & Harrison, Augusta, Ga., of counsel, for appellees.

¶3Before CAMERON and WISDOM, Circuit Judges, and DeVANE, District Judge.

¶4PER CURIAM.

¶5This is an appeal from a dismissal for failure to state a claim upon which relief *124can be granted in an action brought under the Civil Rights Statutes.1 The action was brought by appellant against his wife and the sheriff and two deputy sheriffs of Warren County, Georgia. The complaint alleges that appellant was deprived of rights guaranteed to him by the Fourteenth Amendment growing out of his arrest by the officers upon a war-ant legally issued upon the wife’s affidavit. The warrant charged him with kidnaping his own child.

¶6Taking all the allegations of the complaint to be true, it is plain that appellant was deprived of no federally-protected right. The judgment appealed from is

¶7Affirmed.