Latrina Thomas v. City of Winnfield, No. 12-30527 (5th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on August 28, 2013.

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Case: 12-30527 Document: 00512682629 Page: 1 Date Filed: 07/01/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 1, 2014 No. 12-30527 Lyle W. Cayce Clerk LATRINA D. THOMAS, Tutrix, on behalf of Ka Dary Da Shun Thomas, Plaintiff Appellee, v. SCOTT NUGENT, individually and in his official capacity as police officer for the City of Winnfield, Defendant Appellant. Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:08-CV-1167 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, GARZA, and OWEN, Circuit Judges. PER CURIAM:* Latrina D. Thomas brought suit on behalf of her minor son seeking damages for the death of her son s father, Baron Pikes. The district court denied Officer Scott Nugent s assertion of qualified immunity as to Thomas s excessive force claim. In an earlier opinion, we reversed the district court and remanded * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-30527 Document: 00512682629 Page: 2 Date Filed: 07/01/2014 No. 12-30527 for dismissal of the claims against Nugent.1 On May 19, 2014, the Supreme Court vacated our earlier judgment and remanded the case2 for consideration in light of Tolan v. Cotton.3 In light of the Supreme Court s decision in Tolan, we remand this case to the district court for further proceedings consistent with Tolan. * * * We REMAND to the district court for reconsideration. 1 Thomas v. Nugent, 539 F. App x 456 (5th Cir. 2013). 2 Thomas v. Nugent, No. 13-862, 2014 WL 235065 (U.S. May 19, 2014). 3 134 S. Ct. 1861 (2014) (per curiam). 2