Tracey Johnson v. City of Shelby, Mississip

Fifth Circuit

Tracey Johnson v. City of Shelby, Mississip

588 F. App'x 371

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 23, 2014

Docket12-60735

StatusUnpublished

This text of 588 F. App'x 371 (Tracey Johnson v. City of Shelby, Mississip) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tracey Johnson v. City of Shelby, Mississip, 588 F. App'x 371 (5th Cir. 2014).

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Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

Following the law of this circuit, we previously affirmed the district court’s grant of summary judgment for the City of Shelby on plaintiffs’ Fourteenth Amendment due process claims on the ground that plaintiffs failed to invoke 42 U.S.C. § 1983. Johnson v. City of Shelby, Miss., 743 F.3d 59, 62 (5th Cir.2013). The Supreme Court granted a writ of certiorari and reversed our judgment, holding that a plaintiff need not expressly invoke Section 1983 to state a claim under the statute. Johnson v. City of Shelby, Miss., 574 U.S. -, 135 S.Ct. 346, 190 L.Ed.2d 309 (2014). Accordingly, we VACATE the district court’s judgment and REMAND the case to the district court for further proceedings consistent with the Supreme Court’s opinion.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

Following the law of this circuit, we previously affirmed the district court’s grant of summary judgment for the City of Shelby on plaintiffs’ Fourteenth Amendment due process claims on the ground that plaintiffs failed to invoke 42 U.S.C. § 1983. Johnson v. City of Shelby, Miss., 743 F.3d 59, 62 (5th Cir.2013). The Supreme Court granted a writ of certiorari and reversed our judgment, holding that a plaintiff need not expressly invoke Section 1983 to state a claim under the statute. Johnson v. City of Shelby, Miss., 574 U.S. -, 135 S.Ct. 346, 190 L.Ed.2d 309 (2014). Accordingly, we VACATE the district court’s judgment and REMAND the case to the district court for further proceedings consistent with the Supreme Court’s opinion.

*

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.

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588 F. App'x 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tracey-johnson-v-city-of-shelby-mississip-ca5-2014.

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