HILTON v. MCCRAW (2018)

United States Court of Appeals, Fifth Circuit.

Donna K. HILTON, Plaintiff-Appellant v. Steve MCCRAW, Director of Texas Department of Public Safety; Robert Earl Petty, Individually; Charles Anthony Richardson, Individually; Porter Wilson, Executive Director of Employees Retirement Systems of Texas, Defendants-Appellees

No. 17-20192

Decided: May 31, 2018

Before WIENER, GRAVES, and HO, Circuit Judges.

Robert John Reagan, Reagan McLain & Hatch, L.L.P., Dallas, TX, for Plaintiff-Appellant Lisa Bennett, Assistant Solicitor General, Natalee Bryan Marion, Assistant Attorney General, Eric A. White, Assistant Solicitor General, Office of the Solicitor General for the State of Texas, Austin, TX, for Defendants-Appellees

Donna K. Hilton appeals the dismissal of her 42 U.S.C. § 1983 action claiming substantive and procedural due process violations for deprivation of property based on the lack of spousal consent to the selection of her now-deceased husband’s retirement plan. After consideration of the briefs, record, and applicable law in this matter, we conclude that the order of dismissal should be affirmed, essentially for the reasons set out by the district court.

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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