Anderson v. City of New Orleans, No. 21-30072 (5th Cir. 2022)
Annotate this CaseIn 2012, then-sheriff Gusman of the Orleans Parish Sheriff’s Office claimed constitutional violations at the Orleans Parish Prison, including inadequate housing for detainees with mental-health needs. The United States intervened that September, pursuant to 42 U.S.C. § 1997c. That same month, the sheriff brought in the city as a third-party defendant. At issue here was whether the district court abused its discretion in denying the city’s motion for relief from January and March 2019 orders, pursuant to Rule 60(b)(5). The Fifth Circuit held that '[a] Rule 60(b) motion, of course, is not a substitute for a timely appeal from the judgment or order from which relief is requested." The Court determined it had jurisdiction to review the denial of the Rule 60(b) motion, but not the underlying January and March 2019 orders. The denial of the city's Rule 60(b) motion was affirmed.
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