Thermon L. Kinney, Appellant, v. Louie Johnson et al., Appellees, 319 F.2d 123 (5th Cir. 1963)

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US Court of Appeals for the Fifth Circuit - 319 F.2d 123 (5th Cir. 1963)

June 19, 1963

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

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

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


This is an appeal from a dismissal for failure to state a claim upon which relief can 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 warant legally issued upon the wife's affidavit. The warrant charged him with kidnaping his own child.

Taking 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



42 U.S.C.A. § 1983