Gonzalez v. Trevino, No. 21-50276 (5th Cir. 2024)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 29, 2022.
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Case: 21-50276 Document: 153 Page: 1 Date Filed: 08/02/2024 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED August 2, 2024 No. 21-50276 ____________ Lyle W. Cayce Clerk Sylvia Gonzalez, Plaintiff—Appellee, versus Edward Trevino, II, Mayor of Castle Hills, sued in his individual capacity; John Siemens, Chief of the Castle Hills Police Department, sued in his individual capacity; Alexander Wright, sued in his individual capacity, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 5:20-CV-1151 ______________________________ ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before Barksdale, Engelhardt, and Oldham, Circuit Judges. Per Curiam: In Gonzales v. Trevino, 602 U.S. ---, 144 S. Ct. 1663 (2024), the Supreme Court vacated the panel majority’s reversal of the District Court’s denial of a motion to dismiss and remanded “for the lower courts to assess whether Gonzalez’s evidence suffices to satisfy the Nieves exception.” Id. at Case: 21-50276 Document: 153 Page: 2 Date Filed: 08/02/2024 No. 21-50276 1668. Accordingly, we REMAND this case to the District Court for further proceedings consistent with the Supreme Court’s opinion. 2
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