Doe v. Mckesson, No. 17-30864 (5th Cir. 2019)Annotate this Case
The Fifth Circuit granted the petition for panel rehearing and withdrew its prior opinion, substituting the following opinion.
After Officer Doe was hit by an unidentified individual and seriously injured, he filed suit against Black Lives Matter, the group associated with the protest, and DeRay Mckesson, one of the leaders of Black Lives Matter and the organizer of the protest. The district court dismissed Officer Doe's claims on the pleadings and denied his motion to amend the complaint as futile.
The Fifth Circuit remanded for further proceedings relative to Mckesson. Although the court 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, 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. The court held that the district court erred in dismissing the action on First Amendment grounds, and thus Officer Doe has pleaded a claim for relief against Mckesson in his active complaint. 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. Therefore, the court reversed in part, affirmed in part, and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on April 24, 2019.