United States Court of Appeals,

Fifth Circuit.

Jack SWISHER, Plaintiff-Appellant,

v.

TEXAS WORKERS’ COMPENSATION COMMISSION, et al., Defendants-Appellees.

Nos. 93-2388, 93-02591, 93-2655.

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Dec. 30, 1994.

Opinion

PER CURIAM:^**

*1 The court has carefully reviewed the parties’ briefs in light of the rulings of the district court and in so doing finds no reversible error of fact or law. The individual defendants as well as the state of Texas were properly dismissed from the litigation. Further, Swisher was not entitled to recover attorney’s fees under 42 U.S.C. § 1988. Even in the dubious event that Swisher could be considered a “prevailing party” in the litigation, he could be so considered only against the state. The state is not a “person” that can be liable under § 1983, and therefore the state cannot be liable for attorney’s fees under § 1988.

The judgment of the trial court is AFFIRMED.

	Footnotes
*		District Judge of the Eastern District of Louisiana, sitting by designation.
**		Local Rule 47.5 provides: “The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession.” Pursuant to that Rule, the Court has determined that this opinion should not be published.