Doe v. McKesson, No. 17-30864 (5th Cir. 2019)Annotate this Case
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. The Fifth Circuit held that Officer Doe has not adequately alleged 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, Officer Doe adequately alleged that Mckesson was liable in negligence for organizing and leading the Baton Rouge demonstration to illegally occupy a highway. Therefore, the district court erred in dismissing the suit on First Amendment grounds. The court also held that Officer Doe has pleaded a claim for relief against Mckesson in his active complaint. Finally, although the district court erred by taking judicial notice of the legal status of Black Lives Matter, the court agreed that Officer Doe did not plead facts that would allow the court to conclude that Black Lives Matter is an entity capable of being sued. Accordingly, the court affirmed in part, reversed in part, and remanded.
The court issued a subsequent related opinion or order on August 8, 2019.