Opinion · United States Court of Appeals for the Fifth Circuit
THOMPSON v. CONNICK, 426 Fed.Appx. 247 (5th Cir. 2011)
426 Fed.Appx. 247
- 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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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.
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.
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.
The award of supplemental fees and costs is therefore REVERSED, and this matter is REMANDED for further proceedings, if any, that may be required.