Opinion
No. 12-30527
07-01-2014
LATRINA D. THOMAS, Tutrix, on behalf of Ka'Dary Da'Shun Thomas, Plaintiff—Appellee, v. SCOTT NUGENT, individually and in his official capacity as police officer for the City of Winnfield, Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:08-CV-1167
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, GARZA, and OWEN, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Latrina D. Thomas brought suit on behalf of her minor son seeking damages for the death of her son's father, Baron Pikes. The district court denied Officer Scott Nugent's assertion of qualified immunity as to Thomas's excessive force claim. In an earlier opinion, we reversed the district court and remanded for dismissal of the claims against Nugent. On May 19, 2014, the Supreme Court vacated our earlier judgment and remanded the case for consideration in light of Tolan v. Cotton.
Thomas v. Nugent, 539 F. App'x 456 (5th Cir. 2013).
Thomas v. Nugent, No. 13-862, 2014 WL 235065 (U.S. May 19, 2014).
134 S. Ct. 1861 (2014) (per curiam).
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In light of the Supreme Court's decision in Tolan, we remand this case to the district court for further proceedings consistent with Tolan.
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We REMAND to the district court for reconsideration.