Doe v. Mckesson, No. 17-30864 (5th Cir. 2019)
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The Fifth Circuit withdrew its prior opinion and substituted the following opinion.
After Officer John Doe was injured during a public protest, he filed suit against Black Lives Matter, the group associated with the protest and Defendant Mckesson, one of the leaders and organizers of the group. Determining that it had jurisdiction to hear this case, the court held that Officer Doe failed to adequately allege that Mckesson was vicariously liable for the conduct of the unknown assailant or that Mckesson entered into a civil conspiracy with the purpose of injuring Officer Doe. However, the court found that Officer Doe adequately alleged that Mckesson was liable in negligence for organizing and leading the Baton Rouge demonstration to illegally occupy a highway, and that the district court erred in dismissing the suit on First Amendment grounds.
The court also held that the district court erred by taking judicial notice of the legal status of Black Lives Matter, but nonetheless found that Officer Doe did not plead facts that would allow the court to conclude that Black Lives Matter was an entity capable of being sued. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on April 24, 2019.
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