Fox v. Vice, et al, No. 08-31135 (5th Cir. 2011)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 20, 2010.
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Case: 08-31135 Document: 00511545678 Page: 1 Date Filed: 07/20/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 20, 2011 No. 08-31135 Lyle W. Cayce Clerk RICKY D FOX, Plaintiff - Appellant v. BILLY RAY VICE, Chief of Police for the Town of Vinton; TOWN OF VINTON, Defendants - Appellees Appeal from the United States District Court for the Western District of Louisiana ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: This court s judgment at 594 F.3d 423, holding that attorney s fees for defense of Fox s frivolous claim were recoverable because they could not be separated from fees for defense of the continuing state claim, has been vacated by the Supreme Court, holding that the defendant may receive only the fees that would not have been paid but for the frivolous claim. Those fees that the defendant would have incurred to defend against the continuing state claim may Case: 08-31135 Document: 00511545678 Page: 2 Date Filed: 07/20/2011 No. 08-31135 not be recovered under 42 U.S.C. ยง 1988. Fox v. Vice, ___ U.S. ___, ___ S.Ct. ___ June 6, 2011. Consequently, the district court s judgment is reversed and the case is remanded to the district court for reconsideration. REVERSED AND REMANDED 2
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