Tracey Johnson, et al v. City of Shelby, Mississip, No. 12-60735 (5th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on November 19, 2013.

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Case: 12-60735 Document: 00512880859 Page: 1 Date Filed: 12/23/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 12-60735 United States Court of Appeals Fifth Circuit FILED TRACEY L. JOHNSON; DAVID JAMES, JR., December 23, 2014 Plaintiffs - Appellants Lyle W. Cayce Clerk v. CITY OF SHELBY, MISSISSIPPI; HAROLD BILLINGS, Defendants - Appellees Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:10-CV-36 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before HIGGINBOTHAM, CLEMENT, and PRADO, Circuit Judges. 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 12-60735 Document: 00512880859 Page: 2 Date Filed: 12/23/2014 No. 12-60735 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 (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. 2

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