Opinion
Civil Action 1:20-CV-00040-SA-DAS
11-01-2023
THOMAS WALTON, INDIVIDUALLY AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES of ANNIE WALTON, Deceased; and ALIVEN WALTON PLAINTIFFS PLAINTIFFS v. J.B. LONG; CITY OF VERONA; and JOHN DOES 1-25 DEFENDANTS
ORDER
SHARION AYCOCK, UNITED STATES DISTRICT JUDGE
In their Complaint [1], the Plaintiffs asserted three claims against the Defendants: (1) abuse of executive power pursuant to 42 U.S.C. § 1983; (2) state created danger pursuant to 42 U.S.C. § 1983; and (3) negligence under state law. The Court initially granted summary judgment on all claims. See [115]. However, the Plaintiffs filed a Motion to Reconsider [116] and, on March 30, 2022, this Court entered an Order [120] granting in part and denying in part that request. More specifically, the Court denied reconsideration on both federal claims (Counts One and Two), determining that those claims were appropriately dismissed. As to the state law claim (Count Three), this Court granted reconsideration and reinstated it.
Both parties appealed. The City of Verona appealed the Court's decision to reinstate the state law claim. See [123]. The Plaintiffs then filed a Cross Appeal [124], arguing that this Court erred in dismissing the federal claims.
The Fifth Circuit Court of Appeals issued an opinion on September 13, 2023. See [126], Ex. 1. First, the Fifth Circuit dismissed the Plaintiffs' cross appeal for lack of jurisdiction. Then, the court rendered judgment in the City of Verona's favor on the state law claim.
In light of that ruling, the Clerk of Court is hereby directed to CLOSE this CASE. The Court will enter a separate Final Judgment.
SO ORDERED