Opinion

Spencer Ex Rel. Spencer v. Staton

  • 489 F.3d 658
  • 2007 U.S. App. LEXIS 14023
  • 2007 WL 1719928
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 15, 2007
Status
Published
On the bench
Jones, Davis, Garza
Cited by
0 cases

The opinion

ON PETITION FOR REHEARING

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The portion of the panel opinion discussing appellants’ state law claims for false arrest and imprisonment is withdrawn, and these claims will be remanded to the district court for consideration in the first instance.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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.