Latrina Thomas v. City of Winnfield

574 F. App'x 445

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 1, 2014
• Docket: 12-30527
• Status: Unpublished

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

Latrina D. Thomas brought suit on behalf of her minor son seeking damages for the death of her son’s father, Baron Pikes. The district court denied Officer Scott Nu-gent’s assertion of qualified immunity as to Thomas’s excessive force claim. In an earlier opinion, we reversed the district court and remanded for dismissal of the claims against Nugent. 1 On May 19, 2014, the Supreme Court vacated our earlier judgment and remanded the case 2 for consideration in light of Tolan v. Cotton, 3

In light of the Supreme Court’s decision in Tolan, we remand this case to the district court for further proceedings consistent with Tolan.

* * *

We REMAND to the district court for reconsideration.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1 . Thomas v. Nugent, 539 Fed.Appx. 456 (5th Cir.2013).

2 . Thomas v. Nugent, -U.S.-, 134 S.Ct. 2289, 189 L.Ed.2d 169 (2014).

3 . -U.S.-, 134 S.Ct. 1861, 188 L.Ed.2d 895 (2014) (per curiam).