Cravens, et al v. City of La Marque TX

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 16, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 06-40736
_______________________
MARIE INEZ CRAVENS, Individually and on
Behalf of the Estate of Abner
Cravens, Deceased, and All Wrongful Death
and Survival Action Beneficiaries;
TONY CRAVENS; NATASHA CRAVENS; LORRETA CRAVENS,
as Next Friend of L C, a Minor,
Plaintiffs-Appellants,
versus
CITY OF LAMARQUE, TEXAS,
Defendant-Appellee.
On Appeal from the United States District Court
for the Southern District of Texas, Galveston Division
Docket No. 3:05-CV-545
Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
The court has heard oral argument and reviewed the briefs
and pertinent portions of the record. As the district court found,
the appellants failed to establish that a § 1983 cause of action
exists in the Fifth Circuit on the state-created-danger theory
under these facts. See Saenz v. Heldenfels Bros., Inc., 183 F.3d

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389 (5th Cir. 1999). Accordingly, there can be no municipal
liability.
AFFIRMED.

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