Hardy v. City of Senatobia, No. 07-60959 (5th Cir. 2008)

Annotate this Case

Download PDF

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-60959 Summary Calendar July 22, 2008 Charles R. Fulbruge III Clerk JOHN W. HARDY, Plaintiff-Appellant, v. CITY OF SENATOBIA, MISSISSIPPI, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Mississippi No. 2:06-CV-81 Before SMITH, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* John Hardy appeals the summary judgment denying his various state and federal claims. Instead of attacking the judgment in regard to the merits, Hardy * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-60959 focuses on a notion that the motion for summary judgment was somehow not in a proper posture to be considered by the district court. In that respect, Hardy presents no cogent or meritorious argument. In any event, the summary judgment is sound on the merits. We affirm, essentially for the reasons given by the district court in its Memorandum Opinion entered on November 1, 2007. Although it does not affect the result, we note that the district court erred in its analysis of the Fifth Amendment concerning the incorporation doctrine for the Fourteenth Amendment. See, e.g., Benton v. Maryland, 395 U.S. 784 (1969) (double jeopardy). AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.