Doe v. Mckesson, et al, No. 17-30864 (5th Cir. 2023)
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Plaintiff, a Baton Rouge police officer, sued Defendant, the organizer of a protest after Plaintiff was seriously injured by a protestor at a protest Defendant arranged. After a lengthy procedural history, the case came back to the Fifth Circuit after the Supreme Court of Louisiana affirmed that state law recognizes a negligence cause of action in the circumstances alleged in Plaintiff's complaint.
In turn, the Fifth Circuit reversed the district court's order dismissing Plaintiff's negligence claim. Additionally, due to these developments, the district court also erred in failing to grant Plaintiff leave to amend his complaint. Otherwise, the Fifth Circuit affirmed the district court's dismissal of Plaintiff's other claims.
This opinion or order relates to an opinion or order originally issued on April 24, 2019.
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