Spencer v. Staton

489 F.3d 658, 2007 WL 1719928

Opinion

United States Court of Appeals Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS July 26, 2007

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 06-30020

BERNICE LOUISE SPENCER, Individually and on behalf of Shadow Spencer and Raevyn Spencer,

Plaintiff - Appellant,

vs.

JACK STATON, Individually and in his official capacity; DEWAYNE BRUMLEY, Individually and in his official capacity; GUFFEY LYNN PATTISON, Individually and in his official capacity,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Louisiana

ON PETITION FOR REHEARING Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges. PER CURIAM:

IT IS ORDERED that the petition for rehearing is granted in part as follows:

The portion of the panel opinion discussing appellants’

state law claims for false arrest and imprisonment is withdrawn, and these claims will be remanded to the district court for consideration in the first instance.

The second sentence of the opinion is amended to conform with this disposition.

The concluding paragraph of the opinion is also amended to state:

For these reasons, we REVERSE the district court’s summary judgment for Detectives Staton and Brumley on the Malley claim and on the state law false arrest and imprisonment claims, AFFIRM for Sheriff Pattison and REMAND for further proceedings. We express no opinion on whether, at trial, Spencer or the detectives will prevail in their respective contentions.

REVERSED IN PART; AFFIRMED IN PART; AND REMANDED.