United States Fifth Circuit

In a 42 U.S.C. section 1983 action alleging that a transit authority deprived plaintiff-advertising company of property without due process of law when it arbitrarily awarded an advertising contract to an inferior bidder-Clear Channel, dismissal of the case is affirmed where: 1) even if a state's Public Bid Law applies and creates a property interest in the contract at issue, the state's courts provide an adequate procedural remedy for the alleged deprivation; and 2) thus, plaintiff failed to state a federal claim.

Appellate Information

• Decided 06/15/2007
• Published 06/18/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DAVIS, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Henry W. Kinney, III (argued), Tara Elizabeth Clement, Kinney & Ellinghausen, New Orleans, LA, for Plaintiff-Appellant., N. Sundiata Haley, Randy George McKee (argued), Carter, Haley & McKee, New Orleans, LA, for Regional Transit Authority., Richard E. Sarver, Edward Robert Wicker (argued), Barrasso, Usdin, Kupperman, Freeman & Sarver, New Orleans, LA, for Clear Channel Outdoor, Inc.