Vann v. City of Southaven, No. 16-60561 (5th Cir. 2018)Annotate this Case
The Fifth Circuit granted the petition for panel rehearing en banc and withdrew its prior opinion, substituting the following opinion.
Plaintiffs filed suit under 42 U.S.C. 1983, claiming that officers violated Jeremy W. Vann's Fourth Amendment right to be free from unreasonable seizure, excessive force, and deadly force, and that the City had failed properly to train its officers and had permitted an official practice or custom that violated the constitutional rights of the public at large. The court held that Officer Jones' use of force did not violate clearly established law, and that even if Officer Logan used excessive force, there was no existing law at the time to put Logan on notice that his actions were unconstitutional. Accordingly, the court affirmed the district court's grant of summary judgment to defendants.
This opinion or order relates to an opinion or order originally issued on November 22, 2017.