Guilbeau v. Parish of St. Landry, 341 F. App'x 974

341 F. App'x 974

5th Cir.

2009

*1 Before REAVLEY, SMITH, and DENNIS, Circuit Judges.

PER CURIAM: ^[*]

Merlin Guilbeau obtained a state-court judgment against St. Landry Par- ish for injuries he received in an accident on a negligently-maintained road, but

No. 08-31182

he was never paid. He sued under 42 U.S.C. § 1983, claiming that the refusal to pay, based on L A . R EV . S TAT . § 13:5109(B)(2), violated the Fourteenth Amend- ment’s Due Process Clause and that the Highway Safety Act of 1966, 23 U.S.C. § 402, preempts the state statute. After a bench trial, the district court denied relief.

The constitutional argument is foreclosed by Minton v. St. Bernard Parish School Board , 803 F.2d 129, 132 (5th Cir. 1986). There is no preemption merely because Congress enacted a statute to promote highway safety.

The judgment is AFFIRMED, essentially for the reasons given by the dis- trict court in its comprehensive ruling.

Notes

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.