​US Court of Appeals for the Fifth Circuit Opinions
Wilson v. City of Bastrop

Docket: 21-30204
Opinion Date: February 21, 2022
Judge: Stuart Kyle Duncan
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

One of two reports of an armed confrontation at the Eden Apartments identified one perpetrator as “Thomas Johnson,” who was driving a red truck with rims. Officer Green responded and encountered a stationary red truck near an elementary school, which had been closed for months. When Green exited his car, Johnson stepped out holding a semiautomatic pistol with an extended magazine. His brother was driving. Johnson ran toward the school. As vehicles passed nearby, Green drew his weapon and yelled, “Drop the gun!” Johnson continued to run, Green fired at him. Green chased Johnson into an open field and continued to chase Johnson, ordering him to drop the gun and instructing onlookers to lie on the ground. Officer McKinney, at the opposite side of the field, saw Johnson outrunning Green. Johnson changed direction toward a neighborhood. Johnson ignored orders to stop. McKinney fired at Johnson, who continued to flee. Both officers gave chase, repeatedly ordering Johnson to stop and drop the gun. When in range, both officers shot. Johnson fell and dropped his gun. Johnson died on the scene. In a suit under 42 U.S.C. 1983, the court granted the officers summary judgment based on qualified immunity. The Fifth Circuit affirmed in part. The use of deadly force was not constitutionally excessive. The officers could have reasonably believed that Johnson threatened them and others with serious physical harm.

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Louisiana Supreme Court will consider whether ban on split-jury verdicts is retroactive


www.nola.com/news/courts/article_3ac04e2c-8e9f-11ec-8399-ebdb4c350091.html

Terrebonne School Board approves new voting districts. Next stop: Parish Council


www.dailycomet.com/story/news/2022/02/16/terrebonne-school-board-approves-new-voting-districts/6805762001/

US Court of Appeals for the Fifth Circuit Opinions
Abraugh v. Altimus

Docket: 21-30205
Opinion Date: February 14, 2022
Judge: James C. Ho
Areas of Law: Civil Procedure, Civil Rights

When authorities booked Randall as a pretrial detainee, he was medicated and intoxicated and had a history of mental health treatment. Though Randall was supposed to “be followed for alcohol withdrawal syndrome and possible delirium tremens,” he was allegedly placed in a cell without an operable source of water, not monitored, nor provided any medication or liquids. The next day, officials found him hanging from his bedsheets. He eventually died there from his injuries. A complaint filed by Randall’s mother, Karen, under 42 U.S.C. 1983, alleged that Randall was survived by his wife, Kelsey and his biological parents. Karen later amended her complaint to “substitute Plaintiff with individual heirs,” adding Kelsey, and M.A., Randall’s minor child, and to allow M.A. to appear through Morrow, her mother. The district court dismissed, holding that Karen lacked standing and adding Kelsey and M.A. could not cure the initial jurisdictional defect. The Fifth Circuit reversed. The district court was “less than meticulous” in analyzing “standing.” While Karen lacked prudential standing because Louisiana law does not authorize her to bring this particular cause of action, she has Article III standing. She has a constitutionally cognizable interest in the life of her son, which does not depend on whether Louisiana law allows her to sue.

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Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine


www.natlawreview.com/article/louisiana-employers-may-be-able-to-discharge-unvaccinated-workers-under-employment