Houston, Jr. v. New Orleans City, et al., No. 11-30198 (5th Cir. 2012)
Annotate this CasePlaintiff filed an action under, inter alia, 42 U.S.C. 1983, claiming that defendants violated his Fourteenth Amendment rights to keep and bear arms, as incorporated in the Second Amendment, and to due process. The district court dismissed the action under Rule 12. The court held that plaintiff had not stated a violation of his Second Amendment right to keep and bear arms because he had not alleged that defendants prevented his "retaining or acquiring other firearms." The right protected by the Second Amendment was not a property-like right to a specific firearm, but rather a right to keep and bear arms for self-defense. The court also held that plaintiff had not stated a due-process claim where his complaint did not allege that, under Louisiana law, he sought the proper remedy for seeking the return of seized property by filing a motion under La. Rev. Stat. 15:41. In the alternative, plaintiff did not allege that due process required defendants to notify him of the procedure. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on March 15, 2012.
The court issued a subsequent related opinion or order on May 22, 2012.
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