Opinion · United States Court of Appeals for the Fifth Circuit

THOMPSON v. CONNICK, 426 Fed.Appx. 247 (5th Cir. 2011)

John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in His OfficialCapacity as Dist. Att’y & in His Individual Capacity; EricDubelier, in His Off. Capacity as Assistant Dist. Attorney; JamesWilliams, in His Off. Capacity as Assistant Dist. Attorney; EddieJordan, in His Off. Capacity as Dist. Attorney; Orleans ParishDistrict Attorney's Off., Defendants-Appellants., 426 F. App'x 247 (5th Cir. 20

Type
Opinion
Court
United States Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
2011-05-18
Topic
general

THOMPSON v. CONNICK, 426 Fed.Appx. 247 (5th Cir. 2011) John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in His OfficialCapacity as District Attorney and in His Individual Capacity; EricDubelier, in His Official Capacity as Assistant District Attorney; JamesWilliams, in His Official Capacity as Assistant District Attorney; EddieJordan, in His Official Capacity as District Attorney; Orleans ParishDistrict Attorney's Office, Defendants-Appellants. No. 10-30035.United States Court of Appeals, Fifth Circuit.

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UpLaw has not yet analyzed THOMPSON v. CONNICK, 426 Fed.Appx. 247 (5th Cir. 2011). The absence of a flag is not a finding that it is good law.

THOMPSON v. CONNICK,426 Fed.Appx. 247(5th Cir. 2011)
John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in His Official
Capacity as District Attorney and in His Individual Capacity; Eric
Dubelier, in His Official Capacity as Assistant District Attorney; James
Williams, in His Official Capacity as Assistant District Attorney; Eddie
Jordan, in His Official Capacity as District Attorney; Orleans Parish
District Attorney's Office, Defendants-Appellants.
No. 10-30035.
United States Court of Appeals, Fifth Circuit.
May 18, 2011.
Michael L. Banks, Esq., J. Gordon Cooney, Jr., Esq., Managing Senior Counsel, Morgan, Lewis Bockius, L.L.P., Philadelphia, PA, Robert S. Glass, Esq., Glass Reed, Carol A. Kolinchak, Juvenile Justice Project of Louisiana, Nicholas Joseph Trenticosta, New Orleans, LA, for Plaintiff-Appellee.

Fred L. Herman, Esq., Law Offices of Fred L. Herman, Donna Rau Andrieu, Assistant District Attorney, District Attorney's Office, New Orleans, LA, for Defendants-Appellants.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:03-CV-2045.
Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.
PER CURIAM:fn*
The defendants challenge an award of supplemental attorney's fees and costs. InConnick v. Thompson,___ U.S. ___,131 S.Ct. 1350,179 L.Ed.2d 417(2011), the Court reversed this court's affirmance,see Thompson v.Connick,578 F.3d 293(5th Cir. 2009) (en banc) (per curiam) (affirming by equally divided court), of the district court's award of damages and fees. The parties have submitted letter briefs, on request, and agree that the award of supplemental fees should be reversed. This court has now remanded the underlying action for entry of judgment.SeeThompson v. Connick, ___ F.3d ___,2011 U.S.App. LEXIS 9758(5th Cir. May 13, 2011) (en banc) (per curiam).

The award of supplemental fees and costs is therefore REVERSED, and this matter is REMANDED for further proceedings, if any, that may be required.
  1. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ↩
  2. 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. ↩