Gonzalez v. Trevino

109 F.4th 853

Opinion

Case: 21-50276 Document: 153 Page: 1 Date Filed: 08/02/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED

No. 21-50276 August 2, 2024 ____________ Lyle W. Cayce Clerk

Sylvia Gonzalez,

Plaintiff—Appellee,

versus

Edward Trevino, II, Mayor of Castle Hills, sued in his individual capacity; John Siemens, Chief of the Castle Hills Police Department, sued in his individual capacity; Alexander Wright, sued in his individual capacity,

Defendants—Appellants.

______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:20-CV-1151

______________________________

ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES Before Barksdale, Engelhardt, and Oldham, Circuit Judges. Per Curiam:

In Gonzales v. Trevino, 602 U.S. ---, 144 S. Ct. 1663 (2024), the Supreme Court vacated the panel majority’s reversal of the District Court’s denial of a motion to dismiss and remanded “for the lower courts to assess whether Gonzalez’s evidence suffices to satisfy the Nieves exception.” Id. at

Case: 21-50276 Document: 153 Page: 2 Date Filed: 08/02/2024

No. 21-50276

1668. Accordingly, we REMAND this case to the District Court for further proceedings consistent with the Supreme Court’s opinion.